Nyaroo v Republic [2025] KEHC 1449 (KLR)

Nyaroo v Republic (Criminal Revision E003 of 2025) [2025] KEHC 1449 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 1449 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E003 of 2025

WA Okwany, J

January 31, 2025

Between

Edwin Osiemo Nyaroo

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E522 of 2024 by Hon. C. Ombija Senior Resident Magistrate on 8th August 2024)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code. The trial court sentenced him to serve one (1) year imprisonment. The Applicant has served three (3) months of his sentence and is remaining with five (5) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Mpaera Lerionka Johnstone recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at Mecheo Chief’s Camp under the supervision of the Assistant Chief Mr. Peter Ongoti for the remainder of his sentence.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE