Marita v Republic [2024] KEHC 6505 (KLR)

Marita v Republic (Criminal Revision E017 of 2024) [2024] KEHC 6505 (KLR) (30 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6505 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E017 of 2024

WA Okwany, J

May 30, 2024

Between

Michael Mogambi Marita

Applicant

and

Republic

Respondent

((From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E947 of 2023 by Hon. B.A. Jumar, Resident Magistrate on 14th November 2023))

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code, Cap 63 Laws of Kenya. The trial court sentenced him to serve 15 months’ imprisonment. The Applicant has served 4 months and 22 days of his sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Samwel Chuma indicates that the Applicant has 11 months to complete his sentence and recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Kiemuma Primary School under the supervision of the School head teacher for a period of 6 months.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 30TH DAY OF MAY 2024. W.A. OKWANYJUDGE