Momanyi v Republic [2022] KEHC 10551 (KLR)

Momanyi v Republic (Criminal Revision E010 of 2022) [2022] KEHC 10551 (KLR) (3 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10551 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E010 of 2022

JN Kamau, J

August 3, 2022

Between

Amos Mayaka Momanyi

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of assault causing actual bodily harm contrary to section 251 of the laws of Kenya Cap 63(Laws of Kenya). He was arrested on 9/9/2020 and arraigned in Court on 25/9/2020 when he denied the charges. He changed his plea on 16/11/2021 when he pleaded guilty to the charge. He was fined Kshs. 100,000/= and in default to serve two (2) years imprisonment on 16/11/2021. His early release date of prisons is 21/4/2023. In line with section 333(2) of the Criminal Procedure CodeCap 75(Laws of Kenya). The period between the date of his arrest and the date of sentence ought to be taken into account at the time of computing his sentence. This period comes to two (2) months one (1) day. It is hereby directed that the Applicant be released from custody to serve community service order at Nyangaso Primary School as per the Report of Edwin Kimaiyo on 1/8/2022 until 15/1/2023. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE