Ondieki v Republic [2023] KEHC 19823 (KLR)

Ondieki v Republic (Criminal Revision E039 of 2023) [2023] KEHC 19823 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19823 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E039 of 2023

WA Okwany, J

June 29, 2023

Between

Fain Sarange Ondieki

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1339 of 2022 by Hon. B. Okong’o, Resident Magistrate on 24th January 2023)

Ruling

1. The Applicant was charged with the offence of stealing contrary to section 278 A of the Penal Code. He was convicted on his own plea of guilty and sentence by the trial court to pay a fine of Kshs. 20,000/= and compensate the complainant for the stolen property in the sum of Kshs. 216,376/= or in default, to serve 3 years imprisonment. The Applicant has already served 130 days in prison. The Sentence Review Report filed on 13th June 2023 by the Probation Officer Edwin Kimaiyo recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Igenaitembe Primary School under the supervision of the school Headteacher for the remaining part of the sentence.Orders accordingly.

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