Morara v Republic [2025] KEHC 16818 (KLR)

Morara v Republic (Criminal Revision E006 of 2025) [2025] KEHC 16818 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 16818 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E006 of 2025

WA Okwany, J

January 31, 2025

Between

Brian Aloys Morara

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E339 of 2024 by Hon. C. Ombija Senior Resident Magistrate on 14th May 2024)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of malicious damage to property contrary to Section 339 (1) of the Penal Code. The trial court sentenced him to serve eighteen (18) months’ imprisonment. The Applicant has served six (6) months of his sentence and is remaining with six (6) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Mpaera Lerionka Johnstone recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at East Kitutu Location Chief’s Office under the supervision of the area Chief Mr. Thomas Ndege for the remainder of his sentence.

Orders accordingly.

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