Monaya v Republic [2023] KEHC 19843 (KLR)

Monaya v Republic (Criminal Revision E018 of 2023) [2023] KEHC 19843 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19843 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E018 of 2023

WA Okwany, J

June 29, 2023

Between

Benson Nyongoto Monaya

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. E122 of 2023 by Hon. B.M. Kimtai Senior Principal Magistrate on 15th March 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 thePenal Code and malicious damage to property contrary to section 339 (1) of the Penal Code. The trial court sentenced him to serve 9 months imprisonment for each count. He has already served 3 months in custody. The Sentence Review Report filed on 14th June 2023 by Ng’etich Nicholas Kibet, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Nyansiongo Chief’s Office under the supervision of the Assistant Chief Mr. John Mochama for the remaining part of the sentence meted by the trial court.Orders accordingly.

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