Mose v Republic [2023] KEHC 19610 (KLR)

Mose v Republic (Criminal Revision E026 of 2023) [2023] KEHC 19610 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19610 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E026 of 2023

WA Okwany, J

June 29, 2023

Between

Douglas Mose Mose

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in Criminal Case No. E220 of 2023 by Hon. B. Okongo, Resident Magistrate on 3rd April 2023)

Ruling

1. The Applicant was charged with the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code and a second charge for the offence of malicious damage to property contrary to section339 (1) of the Penal Code. The charges for the first Count withdrawn in accordance with section 204 of the Criminal Procedure Code while she was convicted on her own plea of guilty for the second Count.

2. The trial court sentenced him to pay a fine of Kshs. 10,000/= or in default, to serve 11 months imprisonment. The Applicant has already served 3 months in custody. The Sentence Review Report filed on June 13, 2023 by Nelson Mandela, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyangoso Primary School under the supervision of the school Headmaster 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