Machuma v Republic [2023] KEHC 19627 (KLR)

Machuma v Republic (Criminal Revision E032 of 2023) [2023] KEHC 19627 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19627 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E032 of 2023

WA Okwany, J

June 29, 2023

Between

Jackson Isaboke Machuma

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E331 of 2023 by Hon. B. Okong’o. Resident Magistrate on 5th April 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code. The trial court imposed a fine of Kshs 20,000/= on the Applicant or in default ordered that he served 6 months imprisonment. The Applicant has already served 2 months in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Kiangoso sub-Chief’s office under the supervision of the Chief for the remaining part of the sentence.Orders accordingly.

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