Ondieki v Republic [2025] KEHC 16772 (KLR)

Ondieki v Republic (Criminal Revision E020 of 2025) [2025] KEHC 16772 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 16772 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E020 of 2025

WA Okwany, J

January 31, 2025

Between

Geoffrey Sungura Ondieki

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E598 and 599 of 2024 by Hon. W.K. Chepseba Chief Magistrate on 20th May 2024. )

Ruling

2. The Applicant was convicted on his own plea of guilty of the offence of stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code in two separate cases. The trial court sentenced him to serve 11 months’ imprisonment in the first case and 1year imprisonment in the second case. The Applicant has served six (6) months of his sentence and is remaining with nine (9) months after remission, to complete the sentence. The Sentence Review Reports filed on 13th January 2025 by the Probation Officer Mr. Nelson Maroa in the two files do not recommend a non-custodial sentence. I hereby direct that the Applicant continues to serve the remainder of his sentences in custody.

Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE