Magati v Republic [2024] KEHC 14671 (KLR)

Magati v Republic (Criminal Revision E528 of 2024) [2024] KEHC 14671 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14671 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E528 of 2024

PN Gichohi, J

November 25, 2024

Between

Wilfred Magati

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 (Wilfred Magati) was charged in Molo MCCR E1885 of 2023 with the offence of Grievous harm contrary to Section 234 of the Penal Code.

3. The particulars are that on 18th Day of August, 2023 at Shogosho village in Kapsita Location, Molo Sub County within Nakuru County, unlawfully did grievous harm to Elkana Ithaya.

4. He pleaded not guilty and proceeded on trial where he was found guilty and was sentenced to serve two (2) years imprisonment.

5. The Sentence Review Report filed on 22nd November, 2024 by the Probation officer, Molo found the Applicant suitable to be placed on probation for a period of 1½ years.

6. In the circumstances this case is suitable for Revision and the Applicant to serve 1½ years on probation.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court Assistant