Machanda v Republic [2023] KEHC 19798 (KLR)

Machanda v Republic (Criminal Revision E055 of 2023) [2023] KEHC 19798 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19798 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E055 of 2023

WA Okwany, J

June 29, 2023

Between

Eric Orina Machanda

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E290 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 15thMarch 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of housebreaking contrary to section 304 (1) (a) of the Penal Code. The trial court sentenced him to serve 1-year imprisonment. The Applicant has already served 2 months in custody. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 does not recommend a non-custodial sentence because the Applicant lacks a permanent abode and is a street boy whose supervision will be difficult. I hereby direct that the Applicant continues to serve the remaining part of his sentence in custody.

2. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE