Mwembi v Republic [2023] KEHC 19589 (KLR)

Mwembi v Republic (Criminal Revision E048 of 2023) [2023] KEHC 19589 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19589 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E048 of 2023

WA Okwany, J

June 29, 2023

Between

Hesbon Nyandika Mwembi

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E266 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 3rd May 2023)

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 and creating disturbance in a manner likely to cause breach of peace contrary to section 95 (1) (b) of the Penal Code. The trial court sentenced him to serve 1 year imprisonment for the 1st count and 5 months imprisonment for the second count. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Rikenye Dispensary for the remaining 10 months of his sentence.

2Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE