Republic v Donald Kosgei [2019] KEHC 4194 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAROK

CRIMINAL REVISION NO 18 OF 2019

REPUBLIC......................................... APPLICANT

VERSUS

DONALD KOSGEI ...ACCUSED/RESPONDENT

Being revision from the original conviction and sentence in criminal case No. 445/2019 in Chief Magistrate’s Court at Narok)

ORDER ON REVISION

1. I have perused the Community Service officer’s report which is dated 17/9/2019.  I find the report to be favourable to the accused.  I further find that the families of the deceased and that of the accused have reconciled in accordance with the Kalenjin traditions.  The reconciliation was at the instance of the family of the accused.

2. Furthermore, I find that there was  no compensation  asked for by the family of the deceased person.  Finally, I find that the two families have continued to relate well, which was done even before the accused was sentenced.

3. In the circumstances, I agree with the recommendation of the community service officer, Ms Naomi Muhia that the accused  be placed to serve unpaid community work for a period of eight months.  The accused will serve  community service at Chemoketer Primary schoolunder the supervision of the community service officer.

4. Order on revision made, signed and dated at Narok this 23rd day of September, 2019.

J.M. Bwonwonga

Judge

23/9/2019