Komen v Republic [2024] KEHC 2768 (KLR)

Komen v Republic (Revision Case E084 of 2024) [2024] KEHC 2768 (KLR) (15 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2768 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E084 of 2024

HM Nyaga, J

March 15, 2024

Between

Isaiah Komen

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:Assault causing actual bodily harm Contrary to Section 251 of the Penal Code.The particulars are that;On the 5th day of September, 2023 Mauwande area in Rongai Sub County within Nakuru County, wilfully and unlawfully assaulted Simon Komen Chepkonga thereby occasioning him actual bodily harm.

3. He pleaded guilty and he was sentenced to pay serve one (1) year 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 Sarambei Chief’s Camp.

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 Sarambei Chief’s Camp for Two (2) months.

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