Omagwa v Republic [2023] KEHC 19821 (KLR)

Omagwa v Republic (Criminal Revision E043 of 2023) [2023] KEHC 19821 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19821 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E043 of 2023

WA Okwany, J

June 29, 2023

Between

Peter Omwanza Omagwa

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. E162 of 2022 by Hon. C. Ombija, Resident Magistrate on 6{{^th}} April 2023)

Ruling

1. The applicant was convicted on his own plea of guilty for the offence of housebreaking contrary to section 304 (1) (b) of the Penal Code and an alternative charge of handling stolen goods contrary to section 322 (1) (2) of the Penal Code. The trial court sentenced him to serve 6 months imprisonment. The applicant has already served 2 months imprisonment. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Miriri Chief’s Office under the supervision of the Chief Mr. Naftali Ongaki.

2Orders accordingly.

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