Maina v Republic [2024] KEHC 14757 (KLR)

Maina v Republic (Criminal Revision E524 of 2024) [2024] KEHC 14757 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14757 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E524 of 2024

PN Gichohi, J

November 25, 2024

Between

Daniel Ngugi Maina

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 (Daniel Ngugi Maina) was charged in Molo MCCR E1607 of 2024 with the offence of Breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code.

3. The particulars are that on the 8th Day of August, 2024 at Belbur Centre, Rongai Location in Rongai Sub County within Nakuru County, broke and entered into Wande Store belonging to Dennis Ndirangu Wachania and stole three (3) 90 kgs sacks of beans and 6 kgs pro gas cylinder, all valued at Ksh.24,000/= the property of Dennis Ndirangu Wachania.

4. He pleaded guilty and was sentenced to pay a fine of Ksh.50,000/= in default one (1) year imprisonment.

5. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order for five (5) months at Aremi Dispensary.

6. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order for five (5) months at Aremi Dispensary.

7. The terms will be explained to him.

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