Ombaye v Republic [2023] KEHC 19613 (KLR)

Ombaye v Republic (Criminal Revision E089 of 2023) [2023] KEHC 19613 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19613 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E089 of 2023

WA Okwany, J

June 29, 2023

Between

Patrick Ombuna Ombaye

Applicant

and

Republic

Respondent

((From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E199 of 2023 by Hon. B.M. Kimutai, Principal Magistrate on 6th April 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty of the offence of creating disturbance in a manner likely to cause a breach of peace contrary to section 95 (1) (b) of thePenal Code. The trial court sentenced him to serve 6 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 Gachuba Chief’s Office under the supervision of the area chief Mr Tom Ondieki for the remaining 2 and a half months of his sentence.

Orders accordingly.

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