Osumo v Republic [2023] KEHC 19825 (KLR)

Osumo v Republic (Criminal Revision 036 of 2023) [2023] KEHC 19825 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19825 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision 036 of 2023

WA Okwany, J

June 29, 2023

Between

Abraham Nyangarama Osumo

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E1233 of 2022 by Hon. B. Okong’o, Resident Magistrate on 2nd May 2023)

Ruling

1. The Applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of thePenal Code and convicted by the trial court on his own plea of guilty. The trial court ordered that he pays a fine of Kshs. 1,000/= and compensate the complainant for the stolen property in the sum of Kshs. 13,305/= or in default, to serve 6 months imprisonment. The Applicant has already served 43 days in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Edwin Kimaiyo recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Bosose Primary School under the supervision of the school Headteacher for the remaining part of the sentence.

Orders accordingly.

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