Obare v Republic [2023] KEHC 19816 (KLR)

Obare v Republic (Criminal Revision E054 of 2023) [2023] KEHC 19816 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19816 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E054 of 2023

WA Okwany, J

June 29, 2023

Between

Brian Obare

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E290 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 13th February 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. The trial court sentenced him to serve 2 years imprisonment.

2. The Applicant has already served 2 months in custody. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence to boost reconciliation with his family and community.

3. I hereby direct that the Applicant serves a Community Service Order at Matutu Police Station for the remaining 14 months.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE