Momanyi v Republic [2023] KEHC 19803 (KLR)

Momanyi v Republic (Criminal Revision E083 of 2023) [2023] KEHC 19803 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19803 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E083 of 2023

WA Okwany, J

June 29, 2023

Between

Hesbon Momanyi

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E260 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 2nd May 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for two counts of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. The trial court sentenced him to serve 1-year imprisonment for each count. The Applicant has served one month in custody. The Report by Jackline C. Mwei the Probation Officer filed on June 14, 2023 does not recommend a non-custodial sentence. Consequently, I hereby direct that the Applicant continues to serve the custodial sentence meted by the trial court.Orders accordingly.

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