Ogedi v Republic [2022] KEHC 12704 (KLR)

Ogedi v Republic (Criminal Revision E005 of 2022) [2022] KEHC 12704 (KLR) (3 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12704 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E005 of 2022

JN Kamau, J

August 3, 2022

Between

Geofrey Nyabwari Ogedi

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with the offence of stealing contrary to section 268(1) as read with Section 275 and handling stolen property contrary to section 322(1) as read with section 322(2) of Penal Codecap 63 (Laws of Kenya). He was arrested on 3/11/2021 and arraigned in Court on 5/11/2021 when he pleaded guilty to the charge. He was sentenced to serve one (1) year imprisonment on December 21, 2021. The early date of release by prison is 21/8/2022. The report of Samuel Chuma Probation/community Service Officer that was filed on 1/8/2022 recommends that the Applicant serves Community service order at Nyakongo Primary School for the remaining period of three (3) weeks. Bearing the period from the date of arrest and date of sentencing in line with section 333(2) of the Criminal Procedure Code cap 75 (Laws of Kenya), the applicant has already completed his sentence. It is hereby directed that the applicant be released from custody unless he be held for any other lawful cause. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE