Ratemo v Republic [2023] KEHC 19621 (KLR)

Ratemo v Republic (Criminal Revision E063 of 2023) [2023] KEHC 19621 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19621 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E063 of 2023

WA Okwany, J

June 29, 2023

Between

Cliff Ratemo

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCTR E225 of 2023 by Hon. B.M. Kimtai Senior Principal Magistrate on 9th May 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of failing to maintain parts and equipment contrary to section 55(1) as read with section 58 (1) of the Traffic Act. The trial court sentenced him to pay a fine of Kshs. 50,000/= or serve 8 months imprisonment. The Report by Jackline C. Mwei the Probation Officer dated 13th June 2023 and filed on 14th June 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Mecheo Chief’s Office under the supervision of chief Moses Mokua for the remaining period of 4 months.Orders accordingly.

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