Mesa v Republic [2025] KEHC 16769 (KLR)

Mesa v Republic (Criminal Revision E007 of 2025) [2025] KEHC 16769 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 16769 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E007 of 2025

WA Okwany, J

January 31, 2025

Between

Samuel Mesa

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E379 of 2024 by Hon. E.K. Nyutu Chief Magistrate on 24th June 2024)

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. The trial court sentenced him to serve eighteen (18) months’ imprisonment. The Applicant has served four (4) months and three (3) weeks of his sentence and is remaining with eight (8) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Mpaera Lerionka Johnstone recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at Kiangeni Location Chief’s Office under the supervision of the area Chief Mr. Titus Ondieki for the remainder of his sentence.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE