Nyamu v Republic [2022] KEHC 11291 (KLR)

Nyamu v Republic (Miscellaneous Criminal Application E094 of 2021) [2022] KEHC 11291 (KLR) (2 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11291 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E094 of 2021

A. Ong’injo, J

June 2, 2022

Between

Simon Kikwai Nyamu

Applicant

and

Republic

Respondent

Ruling

1. Simon Kikwai Nyamu - filed a notice of motion seeking that the remainder of his sentence be revised/substituted with non-custodial sentence as his health had deteriorated. This called for sentence review report and same was filed on May 26, 2022.

2. In consideration of the report and the fact that applicant has served significant period of time and remains with a period of less than 3 years, this court finds that he is suitable to have his sentence reviewed to 3 years on probation.

3. The applicant to adhere to terms and conditions given by probation officers who will supervise him or he risks being committed to complete his sentence in custody.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 02TH DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantNo appearance for the Applicant – Notice to issue.Ms. Kambaga for RespondentApplicant – Present in personHon. Lady Justice A. Ong’injoJudge