Onsongo v Republic [2025] KEHC 2435 (KLR)

Onsongo v Republic (Criminal Revision E004 of 2025) [2025] KEHC 2435 (KLR) (31 January 2025) (Ruling)

Neutral citation: [2025] KEHC 2435 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E004 of 2025

WA Okwany, J

January 31, 2025

Between

Jones Oyaro Onsongo

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E142 of 2024 by Hon. C. Ombija Senior Resident Magistrate on 20th February 2024)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code. The trial court sentenced him to pay a fine of Kshs. 50,000/= or to serve twenty-four (24) months imprisonment in default. The Applicant has served nine (9) months of his sentence and is remaining with seven (7) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Ng’etich Nicholas Kibet recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order at Gitaru Chief’s Office under the supervision of the area Chief Mr. Richard Omayo for the remainder of his sentence.Orders accordingly.

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