Nyamwenga v Republic [2022] KEHC 10979 (KLR)

Nyamwenga v Republic (Criminal Revision E023 of 2022) [2022] KEHC 10979 (KLR) (4 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10979 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E023 of 2022

JN Kamau, J

August 4, 2022

Between

Joshua Nyamwenga

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was charged with the offence of burglary contrary to Section 304(2) and stealing contrary to Section 279(b) of the Penal Code Cap 63 (Laws of Kenya). He was also charged with Alternative charge of handling stolen property contrary to Section 322(1) as read with Section 322(2) of the Penal Code. He was convicted on his own plea of guilty and sentenced to two (2) years imprisonment on 30/6/2021. He was arrested on 20/6/2021. The Report by Ngetich Nicholas Kibet Probation Officer that was filed on 1/8/2022 has recommended that the Applicant serve Community Service order at Keroka Probation offices under his supervision. Taking into account the date of the Applicant’s arrest and the date of his sentence in line with section 333(2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), I hereby direct that the Applicant serve community service order as proposed in the aforesaid Report until 20/10/2022. Orders accordingly.

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