Ogwara v Republic [2023] KEHC 19607 (KLR)

Ogwara v Republic (Criminal Revision E071 of 2023) [2023] KEHC 19607 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19607 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E071 of 2023

WA Okwany, J

June 29, 2023

Between

Augustine Ogwara

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in Criminal Case No. E642 of 2022 by Hon. W.K. Chepseba, Chief Magistrate on 27th February 2023)

Ruling

1. The Applicant was convicted of the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of the Penal Code. The trial court sentenced her to serve one 6 months imprisonment and she has already served 2 months in custody. The Sentence Review Report filed on June 13, 2023 by Dickson Kairu, the Probation Officer recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Chief’s Office in West Mugirango under the supervision of the Chief for the remaining part of the sentence meted by the trial court.Orders accordingly.

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