Marongo v Republic [2022] KEHC 12679 (KLR)

Marongo v Republic (Criminal Revision E024 of 2022) [2022] KEHC 12679 (KLR) (4 July 2022) (Ruling)

Neutral citation: [2022] KEHC 12679 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E024 of 2022

JN Kamau, J

July 4, 2022

Between

Dominic Marongo

Applicant

and

The Republic

Respondent

Ruling

1. The applicant was charged with assault causing actual bodily harm contrary to section 251 of the Penal Codecap 63 (Laws of Kenya). He was arrested on 16/7/2021 and arraigned in court on 19/7/2021 when he denied the charges. He changed the plea and pleaded guilty to the charge on October 14, 2021 on which date he was sentenced to two (2) years imprisonment. The Report of Ngetich Nicholas Kibet Probation/Community Service Officer that was filed on 1/8/2022 has recommended that the Applicant serves Community Service Orders for seven (7) months at the Area Chief’s Office under the supervision of the Area Chief. The Applicant is expected to complete his sentence on 14/2/2023. Taking into account the period between his date of arrest and date of sentence in line with section 333(2) of the Criminal Procedure Code cap 75 (Laws of Kenya), it is hereby directed that the applicant be released to serve Community Service Order as proposed in the said Report but until 16/10/2022. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 4THAUGUST, 2022J. KAMAUJUDGE