Kosgei v Republic [2024] KEHC 9448 (KLR)

Kosgei v Republic (Criminal Revision E320 of 2024) [2024] KEHC 9448 (KLR) (23 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9448 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E320 of 2024

PN Gichohi, J

July 23, 2024

Between

Stanley Kiprono Kosgei

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 (Stanley Kiprono Kosgei) was charged in Molo MCCR E385 of 2024 with the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal code.

3. The particulars are that on the 12th Day of February, 2024 at Tabain village, Sarambei Sub-Location in Kuresoi North Sub-County, within Nakuru County, stole one gate valve, two adapters, one connector and one manhole lid cover all valued at Ksh.7,600/= the property of Jogoo Naruwasco Water Company.

4. In the Alternative Charge, he charged with Handling stolen goods contrary to Section 332(1)(2) of the Penal Code.

5. The particulars are that on the 12th Day of February, 2024 at Tabain village, Sarambei Sub-Location in Kuresoi North Sub-County, within Nakuru County, otherwise than in the course of stealing, dishonestly retained, one manhole lid cover knowing or having reasons to believe it to be stolen goods.

6. He pleaded guilty and was sentenced to pay fine of Ksh.30,000/= in default six (6) months imprisonment.

7. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.

8. In the circumstances the application has been overtaken by events and file marked as closed.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 23TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant