Mong'are v Republic [2025] KEHC 16771 (KLR)

Mong'are v Republic (Criminal Revision E013 of 2025) [2025] KEHC 16771 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 16771 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E013 of 2025

WA Okwany, J

January 31, 2025

Between

Kevin Omwoyo Mong'are

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E312 of 2023 by Hon. B.O. Okong’o, Resident Magistrate on 6th November 2023. )

Ruling

1. The Applicant was convicted of the offence of grievous harm contrary to Section 234 of the Penal Code. The trial court sentenced him to pay a fine of Kshs. 80,000/= or to serve three (3) years imprisonment in default. The Applicant has served fourteen (14) months of his sentence and is remaining with ten (10) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at Getare Secondary School under the supervision of the Probation Officer and the school principal for the remainder of his sentence.Orders accordingly.

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