Osoro v Republic [2023] KEHC 19603 (KLR)

Osoro v Republic (Criminal Revision E093 of 2023) [2023] KEHC 19603 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19603 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E093 of 2023

WA Okwany, J

June 29, 2023

Between

Samuel Magoma Osoro

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E801 of 2022 by Hon. B.M. Kimtai, Principal Magistrate on 28th December 2022)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. The trial court sentenced him to serve 3 years imprisonment. The Applicant has already served six months in custody. The Report by Jackline C Mwei the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. Consequently, I hereby direct that the Applicant serves a Community Service Order at Gachuba Chief’s Office under the supervision of Chief Thomas Ondieki for the remaining period of his sentence being 18 months.

2Orders accordingly.

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