Onchiri v Republic [2023] KEHC 20299 (KLR)

Onchiri v Republic (Criminal Revision E065 of 2023) [2023] KEHC 20299 (KLR) (18 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20299 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E065 of 2023

WA Okwany, J

July 18, 2023

Between

Job Onchiri

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E264 of 2023 by Hon. B.M Kimtai, Senior Principal Magistrate on 11th May 2023)

Ruling

1. The Applicant was charged with two counts of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code, Cap 63 Laws of Kenya and convicted on his own plea of guilty on both counts. The trial court sentenced him to pay a fine of Kshs 10,000/= for each count or in default, to serve 4 months imprisonment for each count. The Applicant has already served 2 months in custody. The Sentence Review Report filed on July 5, 2023 by Probation Officer Daisy Lang’at recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyansiongo Chief’s Officer under the supervision of Mr Mike Onombi for a period of four (4) months.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 18TH DAY OF JULY 2023. W.A. OKWANYJUDGE