Nyakundi v Republic [2023] KEHC 19597 (KLR)

Nyakundi v Republic (Criminal Revision E030 of 2023) [2023] KEHC 19597 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19597 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E030 of 2023

WA Okwany, J

June 29, 2023

Between

Douglas Nyakundi

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in Criminal Case No. E063 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 15th February 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for two counts of the offence of malicious damage to property contrary to section 339 (1) as read with section 339 (3) (b) of the Penal Code.

2. The trial court sentenced him to serve four years imprisonment for each count to run concurrently. The Applicant has already served 4 months in custody. The Sentence Review Report filed on June 13, 2023 by Nelson Mandela, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Chief’s Camp Bonyamatuta Masaba under the supervision of the Chief for the remaining part of the sentence meted by the trial court.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE