Nyaboti v Republic [2023] KEHC 19812 (KLR)

Nyaboti v Republic (Criminal Revision E070 of 2023) [2023] KEHC 19812 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19812 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E070 of 2023

WA Okwany, J

June 29, 2023

Between

Joshua Nyatuka Nyaboti

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1069 of 2022 by Hon. B. Okong’o, Resident Magistrate on 1st March 2022)

Ruling

1. The applicant was charged with thee offence of burglary contrary to section 304 (2) and stealing contrary to section 279 (b) of the Penal Code. An alternative charge of handling stolen goods contrary to section 322 (1) as read with section 322 (2) of the Penal Code was also brought against him. He convicted by the trial court of the two charges and sentences to pay a fine of Kshs 50,000/= or in default to serve 1 year imprisonment. The applicant has already served 94 days in prison. The sentence review report filed on June 13, 2023 by the probation officer Nelson Mandela recommends a non-custodial sentence. I hereby direct that the applicant serves a Community Service Order at the Chief’s Camp Bosamaro Msaba location under the supervision of the Chief for the remaining part of the sentence.Orders accordingly.DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE