Ngige v Republic [2024] KEHC 3086 (KLR)

Ngige v Republic (Revision Case E053 of 2024) [2024] KEHC 3086 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3086 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E053 of 2024

HM Nyaga, J

March 14, 2024

Between

Samuel Ngige

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:Removing forest produce contrary to section 64(1) (a) as read with Section 64(2) of the forest conservation Act and Management Act No. 34 /2016. The particulars are that; On the 5th day of January 2024 at Sururu Forest in Njoro Sub County within Nakuru County you found removing 1 Indegenious Tree Of Podocarpus Latifolius (PODO) valued at Kshs. 65,185. 51 without authority of the Chief conservator of the forest.

3. He pleaded guilty and he was sentenced to; pay a fine of Kshs. 100,000/- in default six (6) months 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 Gatimu Primary School.

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 Gatimu Primary School for Two months (2) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 14TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state