Naybuti & another v Republic [2024] KEHC 7464 (KLR)

Naybuti & another v Republic (Criminal Revision E024 of 2024) [2024] KEHC 7464 (KLR) (13 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7464 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E024 of 2024

WA Okwany, J

June 13, 2024

Between

Madison Kibanga Naybuti

1st Applicant

Samuel Masita Agwata

2nd Applicant

and

Republic

Republic

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E969 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 23rd November 2023)

Ruling

1. The Applicants were convicted on two counts of the offence of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) of the Penal Code. The trial court sentenced each Applicant to serve 4 years imprisonment cumulatively for the two counts. The Sentence Review Report filed by the Probation Officer Nelson Maroa on 3rd April 2024 is in respect of the 1st Applicant only. It indicates that he has already served 5 months and 10 days of his sentence and is remaining with 2 years and 3 months to complete the same. He recommends a non-custodial sentence.

2. I hereby direct that the Applicant serves a Community Service Order at Geta Primary School under the supervision of the school Head Teacher for the remaining period of his sentence.

3. This Court makes no orders in respect of the 2nd Applicant since there is no Sentence Review Report filed for its reference.

4. I hereby direct that a Sentence Review Report for the 2nd Applicant be filed for consideration by the Court. Mention on 27th June 2024. Orders accordingly.

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