Morara v Republic [2023] KEHC 19624 (KLR)

Morara v Republic (Criminal Revision E068 of 2023) [2023] KEHC 19624 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19624 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E068 of 2023

WA Okwany, J

June 29, 2023

Between

Hesbon Morara

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in Criminal Case No. E246 of 2023 by Hon. MM.C. Nyigei, Principal Magistrate on 27th February 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 and malicious damage to property contrary to section 339 (1) of the Penal Code. The trial court sentenced him to serve 2 years imprisonment for the first count and 3 years imprisonment for the second charge. The sentences were to run concurrently. The Applicant has already served 3 months in custody. The Sentence Review Report filed on 13th June 2023 by Dickson Kairu, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Chief’s Camp Bonyamatuta Chache Chief’s Office under the supervision of the Chief for the remaining part of the sentence meted by the trial court.

2Orders accordingly.

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