Makori & another v Republic [2023] KEHC 19614 (KLR)

Makori & another v Republic (Criminal Revision E073 of 2023) [2023] KEHC 19614 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19614 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E073 of 2023

WA Okwany, J

June 29, 2023

Between

Wycliff Mokaya Makori

1st Applicant

Alex Onyancha Ngare

2nd Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1200 of 2022 by Hon. B. Okong’o, Resident Magistrate on 1st March 2022)

Ruling

1. The Applicants were convicted on their own plea of guilty for the offence of stealing motorcycle parts contrary to section 279 (g) of the Penal Code. The trial court sentenced each Applicant to pay a fine of Kshs 20,000/= and compensate the complainant the sum of Kshs 144,651/= equally of in default to each serve 3 years imprisonment. The 1st Applicant has already served 3 months in custody while the 2nd Applicant has served 2 months in custody. The Sentence Review Report filed on June 13, 2023 by Ng’etich Nicholas Kibet and Nelson Mandela the Probation Officers, in respect of the 1st Applicant and 2nd Applicants respectively, recommend a non-custodial sentence. I hereby direct that the Applicants serve a Community Service Order at Ekerenyo Police Station under the supervision of the OCS, Ekerenyo for the remaining part of their sentences as meted by the trial court.Orders accordingly.

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