Morara v Republic [2024] KEHC 14695 (KLR) | Sentencing Revision | Esheria

Morara v Republic [2024] KEHC 14695 (KLR)

Full Case Text

Morara v Republic (Criminal Revision E477 of 2024) [2024] KEHC 14695 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14695 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E477 of 2024

PN Gichohi, J

November 25, 2024

Between

Justus James Morara

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.

2. The Applicant (Justus James Morara) was charged in Molo MCCR E1604 of 2024 with the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code.

3. The particulars are that on 5th Day of August, 2024 at around 1400 hours at Sachangwan area, in Molo Sub County within Nakuru County, stole one Yamaha Keyboard (piano) make PSR SX700 valued at Ksh.200,995/= the property of Rockside Academy Utawala.

4. In the alternative charge of handling stolen goods contrary to Section 322(1) (2) of the Penal Code.

5. The particulars are that on 5th Day of August, 2024 at around 1500 hours at Sachangwan area, in Molo Sub County within Nakuru County, otherwise than in the cause of stealing, dishonestly retained assorted one Yamaha Keyboard (piano) make PSR SX700 having reasons to believe it to be stolen property.

6. He pleaded guilty and was sentenced to serve three (3) years imprisonment.

7. The Sentence Review Report by the Probation officer, Molo dated 20th November, 2024 found the Applicant suitable for Community Service. It is recommended that he be placed on Community Service Order to serve the reminder of his sentence at Sach Angwan Dispensary.

8. This case is suitable for Revision. The Applicant is now to serve the reminder thereof under Community Service Order at Sach Angwan Dispensary.

9. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF NOVEMBER, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentRuto - Court AssistantRULING NAKURU HIGH COURT CRIMINAL REVISION NO. E477 OF 2024 Page 2