Wangari v Republic [2024] KEHC 2985 (KLR)

Wangari v Republic (Revision Case E049 of 2024) [2024] KEHC 2985 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2985 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E049 of 2024

HM Nyaga, J

March 14, 2024

Between

Samuel Macharia Wangari

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.

2. The Applicant was charged with the offence of Obtaining Money by False Pretense Contrary to Section 313 of the Penal Code.

3. The particulars are that; On diverse dates between 4th January and 11th January 2024 at Section 58 area in Nakuru East Sub County within Nakuru County, with intent to defraud, obtained Kshs. 5,630/= from Ann Chepkemoi Chemagey pretending that you are the teacher she send you school fees a fact you knew to be false and untrue.

4. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000/= in default Six (6) months imprisonment.

5. The Applicant has served a substantial part of this sentence.

6. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Manunga Health Centre.

7. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Manunga Health Centre for Two (2) months.

8. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 14TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state*