Ondienga v Republic [2025] KEHC 5721 (KLR)

Ondienga v Republic (Miscellaneous Criminal Case E026 of 2024) [2025] KEHC 5721 (KLR) (9 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5721 (KLR)

Republic of Kenya

In the High Court at Kilgoris

Miscellaneous Criminal Case E026 of 2024

CM Kariuki, J

May 9, 2025

Between

Mark Moturi Ondienga

Accused

and

Republic

Prosecutor

Ruling

1. The Applicant Mark Moturi Ondienga has filed an application seeking a non-custodial sentence for the remaining imprisonment period of 6 years. He had been charged with offence of dealing in specified endangered wild life without permit u/S 92(2) of Act No. 47 of 2013 Laws of Kenya 2018 and was sentenced to serve six (6) years imprisonment on 10/03/2021. He avers that he has served 2/3 of the sentence and thus seeks to be awarded a non-custodial sentence for the remaining period.

2. However, is there a report to support that application from the probation office? The answer is in the negative. Thus, before the court makes formal verdict on the application, I directi.That a probation report/social enquiry be filed by the relevant officer within a period of 30 days.ii.Mention on 06/06/2025. iii.Production order to issue the remaining day.

DATED, SIGNED & DELIVERED VIRTUALLY IN KILGORIS HIGH COURT ON 9TH OF MAY 2025. CHARLES KARIUKIJUDGEIn the presence of:-Court Assistant: Mr.nyangaresi