Maranga v Republic [2024] KEHC 12709 (KLR)

Maranga v Republic (Criminal Revision E142 of 2024) [2024] KEHC 12709 (KLR) (15 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12709 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E142 of 2024

WA Okwany, J

October 15, 2024

Between

Erick Onsongo Maranga

Applicant

and

Republic

Respondent

((From the original Conviction and Sentence in the Principal Magistrates’ Court at Keroka, Criminal Case No. 828 of 2013 by Hon. N. Kihara, Resident Magistrate on 18th January 2016))

Ruling

1. The Applicant herein was convicted for the offence of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act No. 3 of 2006. The trial court sentenced him to serve 15 years’ imprisonment. The Applicant then filed an Appeal before Court (differently constituted) vide HCCRA No. 63 of 2016 which appeal was dismissed for lack of merit. The Applicant has to-date served 8 years and 8 months of his 15 years’ sentence. The Sentence Review Report filed by Probation Officer Jackline Mwei on 3rd September 2024, under the prison decongestion programme, recommends a non-custodial sentence. I therefore direct that the Applicant serves a Community Service Order at Kiamokama Friends Primary School under the Supervision of the School Head teacher and the Senior Probation Officer, Ms. Jackline Mwei, for the remaining period of his sentence.

2. Orders accordingly.

DATED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS ON THIS 15TH DAY OF OCTOBER 2024. W. A. OKWANYJUDGE