Mwatela v Republic [2025] KEHC 9103 (KLR)

Mwatela v Republic (Criminal Revision E013 of 2025) [2025] KEHC 9103 (KLR) (26 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9103 (KLR)

Republic of Kenya

In the High Court at Voi

Criminal Revision E013 of 2025

AN Ongeri, J

June 26, 2025

Between

Pascal Mwatela

Applicant

and

Republic

Respondent

Ruling

1. The Applicant filed a revision application seeking review of his five (5) years sentence.

2. The revision application is conceded by the Respondent who stated that the complainant wishes to withdraw the charges.

3. The Respondent availed the complainant and she stated on oath that she wishes to withdraw the charges.

4. The Applicant was convicted on his own plea of guilty and he was sentenced to 5 years imprisonment.

5. This court has considered the Probation Report which was relied on by the trial court and it stated that the complainant’s views were incorporated in giving the Applicant a custodial sentence.

6. In view of the change of circumstances this court finds good reason to rely on the pre-sentence report filed in the trial court and to place the Applicant on a probation sentence for a period of 3 years to ensure that he is rehabilitated.

7. The Applicant is required to adhere to the requirements of the Probation Officer while serving the probation sentence.

DATED, SIGNED AND DELIVERED THIS 26THDAY OF JUNE 2025 IN OPEN COURT AT VOI HIGH COURT.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MillicentProsecutor: Mr. NgigiThe Applicant present