Kinuthia v Republic [2024] KEHC 3088 (KLR)

Kinuthia v Republic (Revision Case E057 of 2024) [2024] KEHC 3088 (KLR) (15 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3088 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E057 of 2024

HM Nyaga, J

March 15, 2024

Between

Patrick Njeri Kinuthia

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.

2. The Applicant was charged with the offence of:Stealing Contrary to Section 268 as read with Section 275 of the Penal Code.The particulars are that;On diverse dates between 25th August 2023 and 2nd October 2023, at unknown time at Kahruko Village in Gilgil Sub County within Nakuru County, you stole Kshs. 72,920/= from the M-pesa and KCB M-pesa account property of Mary Gatoni Kinuthia.

3. He pleaded guilty and he was sentenced to serve Six (6) months in jail.

4. The Applicant has served a substantial part of this sentence.

5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Munanda Secondary School.

6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Mundanda Secondary School for one (1) month.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF MARCH, 2024. ­­­­­­­­­­­­­­­­­­­­­...........................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state