Mosigisi v Republic [2024] KEHC 6512 (KLR)

Mosigisi v Republic (Criminal Revision E080 of 2024) [2024] KEHC 6512 (KLR) (13 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6512 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E080 of 2024

WA Okwany, J

May 13, 2024

Between

Peter Mosigisi

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E449 of 2021 by Hon. C.W. Waswa, Resident Magistrate on 27th October 2021)

Ruling

1. The Applicant was convicted for the offence of handling stolen goods contrary to Section 322 (1) (2) of the Penal Code. The trial court sentenced him to serve 5 years imprisonment. The Applicant has already served 27 months of his sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Bonyunyu Primary School under the supervision of the school headteacher for a period of 6 months.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W.A. OKWANYJUDGE