Nyamera alias Sweetie v Republic [2025] KEHC 5102 (KLR)

Nyamera alias Sweetie v Republic (Revision Case E031 of 2025) [2025] KEHC 5102 (KLR) (25 April 2025) (Ruling)

Neutral citation: [2025] KEHC 5102 (KLR)

Republic of Kenya

In the High Court at Nyamira

Revision Case E031 of 2025

WA Okwany, J

April 25, 2025

Between

Francis Makori Nyamera alias Sweetie

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E989 of 2024 by Hon. B.O. Okong’o, Resident Magistrate on 30th December 2024)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of shop breaking and committing a felony contrary to Section 306 (a) of the Penal Code as read with Section 279 (a) of the Penal Code. The trial court sentenced him to pay a fine of Twenty Thousand Shillings (Kshs. 20,000/=) or to serve ten (10) months’ imprisonment in default. The Applicant has served three (3) months of his sentence and is remaining with three (3) months, after remission, to complete the sentence. The Sentence Review Report filed on 9th April 2025, by the Probation Officer Mr. Nelson Maroa, recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order for four (4) months at Mwancha Primary School under the supervision of the Probation Officer Nyamira and the School’s Head-teacher.Orders accordingly.

DATED and DELIVERED at NYAMIRA on this 25TH day of APRIL 2025. W. A. OKWANYJUDGE