Ondieki v Republic [2023] KEHC 19824 (KLR)

Ondieki v Republic (Criminal Revision 035 of 2023) [2023] KEHC 19824 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19824 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision 035 of 2023

WA Okwany, J

June 29, 2023

Between

Brian Nyakeya Joash Ondieki

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1149 of 2022 by Hon. W. Chepseba, Chief Magistrate on 8th May 2023)

Ruling

1. The Applicant was charged with the offence of stealing contrary to section 275 of the Penal Code and a second count of conveying stolen property contrary to section 323 as read with section 36 of the Penal Code and section 26 (i) of the Criminal Procedure Code. He was convicted by the trial court on his own plea of guilty and sentenced to serve 2 months imprisonment. The Applicant has already served 34 days in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Nelson Mandela recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyambogo Primary School under the supervision of the school Headmaster for the remaining part of the sentence.Orders accordingly.

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