Mokua v Republic [2023] KEHC 19626 (KLR)

Mokua v Republic (Criminal Revision E027 of 2023) [2023] KEHC 19626 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19626 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E027 of 2023

WA Okwany, J

June 29, 2023

Between

Stephen Mokua

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E093 of 2023 by Hon. B. Okong’o, Resident Magistrate on 4th April 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, stealing contrary to section 268 (1) as read with section 275 of the Penal Codeand handling stolen goods contrary to section 322 (1) and (2) of the Penal Code. The trial court sentenced him to pay a fine of Kshs. 10,000/= and compensate the complainant in the sum of Kshs. 1,000/= or in default, to serve 7 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicant was transferred from Kisii GK Prison to Homa Bay Prison and was consequently not interviewed. It is hereby directed that a Probation Report be prepared and presented in this court within 7 days for consideration.

Orders accordingly.

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