Masase v Republic [2023] KEHC 19630 (KLR)

Masase v Republic (Criminal Revision E074 of 2023) [2023] KEHC 19630 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19630 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E074 of 2023

WA Okwany, J

June 29, 2023

Between

Daniel Masase

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E810 of 2021 by Hon. C.W. Waswa, Senior Resident Magistrate on 16th November 2021)

Ruling

1. The Applicant was charged with the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code and convicted on his own plea of guilty. The trial court sentenced him to serve 5 years imprisonment. The Applicant has already served 1 year, 6 months in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Biego Primary School under the supervision of the school Headteacher for the remaining part of the sentence.

2Orders accordingly.

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