Mwangi v Republic [2024] KEHC 2769 (KLR)

Mwangi v Republic (Revision Case E085 of 2024) [2024] KEHC 2769 (KLR) (15 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2769 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E085 of 2024

HM Nyaga, J

March 15, 2024

Between

Simon Kamau Mwangi

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 was charged with the offence of;Stealing from the person, contrary to Section 279 (a) of the Penal Code.The particulars are that;On the 10th day of September 2023 at around 1930 hours at Maili Sita area in Nakuru North Sub County within Nakuru County with another not before court stole Kshs. 6,000/= id card no. 21665xxxx, Huduma Centre no 102165xxxx, Tuskeys reward card no 41010139xxxx, Naivas reward card no, 900231xxxx from the said person of the said Peter Mwai Murwanjogo.

3. He pleaded guilty and he was sentenced;Pay a fine of Kshs. 20,000/= in default one (1) year imprisonment.

4. The Applicant has served a substantial part of this sentence.

5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kiamaina Chief’s Camp.

6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kiamaina Chief’s Camp for Six (6) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 15TH DAY OF MARCH, 2024. ..................H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state