Nyakwara v Republic [2022] KEHC 11037 (KLR)

Nyakwara v Republic (Criminal Revision E031 of 2022) [2022] KEHC 11037 (KLR) (4 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11037 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E031 of 2022

JN Kamau, J

August 4, 2022

Between

Japhet Momanyi Nyakwara

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged and convicted on his own plea of guilty of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code Cap 63(Laws of Kenya). He was arraigned in court on 11/10/2021 and arraigned in court on 12/10/2021 when he was sentenced to three (3) years imprisonment. His earliest date of release is 12/10/2023. The Report by Jackline C. Mwei Probation Officer that was filed on 1/8/2022 recommends that he serves a Community Service Order at Nyakumbati Sub Location’s Chief’s Office for the remaining period as he has only served nine (9) months in prison, I hereby decline to renew the sentence. The Applicant is at liberty to make a fresh application at the appropriate time for consideration by the court. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022. J. KAMAUJUDGE