Nyang’au v Republic [2024] KEHC 6552 (KLR)

Nyang’au v Republic (Criminal Revision E083 of 2024) [2024] KEHC 6552 (KLR) (13 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6552 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E083 of 2024

WA Okwany, J

May 13, 2024

Between

Mesa Kebese Nyang’au

Applicant

and

Republic

Respondent

(rom the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR 15 of 2020 by Hon. C.W. Waswa, Resident Magistrate on 27{{^th}} June 2023)

Ruling

1. The Applicant was convicted for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code, Cap 63 Laws of Kenya. The trial court ordered him to compensate the complainant in the sum of Kshs. 120,000/= or serve 2 year’s imprisonment in default. The Applicant has served 9 months of his sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Nelson Maroa indicates that the Applicant has 7 months to complete his sentence. At the same time, this Court notes that there is an active Appeal vide HCCRA E026 of 2023 before it. The Applicant cannot seek a review of his sentence and appeal the decision of the trial court concurrently. In the circumstances, I find that the present Application is misconceived and I therefore dismiss it. The Applicant shall continue to serve the remainder of his sentence in custody as he awaits the determination of his appeal.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W. A. OKWANYJUDGE