Ndega v Republic [2024] KEHC 7467 (KLR)

Ndega v Republic (Criminal Revision E031 of 2024) [2024] KEHC 7467 (KLR) (13 May 2024) (Ruling)

Neutral citation: [2024] KEHC 7467 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E031 of 2024

WA Okwany, J

May 13, 2024

Between

Lameck Kiage Ndega

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E1068 of 2021 by Hon. C.W. Waswa, Resident Magistrate on 1st February 2022)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence malicious damage to property contrary to Section 339 (1) of the Penal Code and creating disturbance in a manner likely to cause a breach of peace contrary to Section 95 (1) (b) of the Penal Code. The trial court sentenced him to serve 5 years’ imprisonment.

2. The Applicant has served 2 years and 1 month of his sentence. The Sentence Review Report filed by the Probation Officer Samwel Chuma on 3rd April 2024 recommends a non-custodial sentence.

3. I hereby direct that the Applicant serves a Community Service Order at Nyamasibi Location, Chief’s Office under the supervision of the Chief for the remaining period of his sentence (6 months).

Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W. A. OKWANY..................................JUDGEI certify that this is a true copy of theoriginalSignedDEPUTY REGISTRAR