Nyaboke v Republic [2024] KEHC 6555 (KLR)

Nyaboke v Republic (Criminal Revision E092 of 2024) [2024] KEHC 6555 (KLR) (30 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6555 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E092 of 2024

WA Okwany, J

May 30, 2024

Between

Veronica Nyaboke

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E685 of 2022 by Hon. C.W. Waswa, Senior Resident Magistrate on 19th April 2023)

Ruling

1. The Applicant was convicted for the offence of forcible detainer contrary to Section 91 of the Penal Code. The trial court sentenced him to compensate the complainant in the sum of Kshs 100,000/= or in default to serve two (2) years’ imprisonment. The Applicant has served 4 months and 22 days of his sentence. The Sentence Review Report filed on 3rd April 2024 by Probation Officer Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant to serve a Community Service Order at Nyamira Probation Officer under the supervision of the officer in charge for the remaining part of her sentence.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 30TH DAY OF MAY 2024. W.A. OKWANYJUDGE