Ombega v Republic [2023] KEHC 3750 (KLR)

Ombega v Republic (Criminal Revision E609 of 2022) [2023] KEHC 3750 (KLR) (27 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3750 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E609 of 2022

HM Nyaga, J

April 27, 2023

Between

David Ombega

Applicant

and

Republic

Respondent

Ruling

1. The Applicant David Ombega was convicted on his own plea of guilty for the offence of Shop breaking and committing a felony contrary to Section 306(a) of the Penal Code.

2. The particulars were that on October 29, 2022 at Mukinyai Trading Centre in Molo Sub- County of Nakuru County, jointly with others not before court broke and entered into a building namely barber shop of one Joseph Njuguna Wanjiku with intent to commit a felony.

3. On November 21, 2022, he was sentenced to serve 2 years’ imprisonment.

4. The Presentence Report by Newton Majale recommends that the Applicant is not suitable for a non-custodial sentence on grounds that he has previous theft cases solved locally to no avail and that he also belongs to a gang that steals from people.

5. The sentence imposed by the trial court cannot be said to be harsh or excessive.

6. In light of the above report, the Applicant should continue serving the remainder of his sentence in custody.

DATED, SIGNED & DELIVERED AT NAKURU THIS 27TH APRIL, 2023. H M NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant (At Rumuruti)