Tengeya v Republic [2023] KEHC 19811 (KLR)

Tengeya v Republic (Criminal Revision E075 of 2023) [2023] KEHC 19811 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19811 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E075 of 2023

WA Okwany, J

June 29, 2023

Between

David Achira Tengeya

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E407 of 2023 by Hon. C.W. Waswa, Senior Resident Magistrate on 24{{^th}} April 2023)

Ruling

1. The Applicant was charged with the offence of stealing contrary to section 268 as read with section 275 of the Penal Code and handling stolen goods contrary to section 322 (1) and (2) of the Penal Code. He was convicted on his own plea of guilty. The trial court ordered him to compensate the victim in the sum of Kshs. 50,000/= or in default to serve 3 years imprisonment. The Applicant has already served 1 month in prison. 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 Nyagokiani Secondary School under the supervision of the school Principal for the remaining part of the sentence.

2Orders accordingly.

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