Onyancha v Republic [2023] KEHC 19844 (KLR)

Onyancha v Republic (Criminal Revision E019 of 2023) [2023] KEHC 19844 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19844 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E019 of 2023

WA Okwany, J

June 29, 2023

Between

Eric Onyancha

Applicant

and

The Republic

Respondent

(From the original Conviction and Sentence of Hon. B. O. Okong’o – RM Nyamira dated and delivered on the 3rd day of May 2023 in the original Nyamira CMC Criminal Case No. E385 of 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty of the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code. The particulars of the offence were that on diverse dates between March 6 and 7, 2023, at an unknown time at Ogango sublocation in Manga sub-county within Nyamira County broke and entered a building used as a shop by David Omwenga and therein committed a felony namely stealing a gas cylinder, phone charger, a blow dry machine, paints, 2 radios, screwdriver, solar panel, video camera and some coins all worth Kshs 67,000/=, the property of the said David Omwenga.

2. The trial court sentenced him to pay a fine of Kshs 20,000/- and compensate the complainant a total sum of Kshs 80,000/= or in default, to serve a sentence of 2 (two) years imprisonment from May 3, 2023. Presently, the Applicant has been in prison for about 2 months.

3. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Ibucha sub-chief office for the remaining part of the sentence meted by the trial court under the supervision of the sub-chief. The Applicant is hereby ordered to also compensate the complainant the amount of Kshs 80,000/= as ordered by the trial court.

Orders accordingly.

DATED and DELIVERED at NYAMIRA on this 29th day of JUNE 2023. W A OKWANYJUDGE