Nicholas Koome v Republic [2016] KEHC 2219 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL REVISION NO. 29 OF 2016

NICHOLAS KOOME .................................................APPLICANT

VERSUS

REPUBLIC……………..……………………........RESPONDENT

REVIEW ORDER

The applicant herein, Nicholas Koome applied to this court for review of his sentence.  He was charged with the offence of stealing, contrary to Section 275 of the Penal Code, convicted on his own plea and the court sentenced him to 10 months imprisonment.  The applicant was said to be a first offender.  The court called for a probation officer’s report. It has been disclosed that the complainant was compensated by the applicant’s parents.  The applicant was sentenced on 12/8/2016.  So far, he has served one and a half months in jail.  Taking into account the fact that he pleaded guilty, he is a first offender, is in college and that the complaint has been compensated, the trial court should have considered a non-custodial sentence.

I hereby review the sentence to include the period already served and the applicant to serve 6 months on probation.

It is so ordered.

DATED, SIGNED AND DELIVERED THIS 28TH DAY OF SEPTEMBER, 2016.

R.P.V. WENDOH

JUDGE

28/9/2016