Wanjohi v Republic [2024] KEHC 3341 (KLR)

Wanjohi v Republic (Revision Case E064 of 2024) [2024] KEHC 3341 (KLR) (20 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3341 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E064 of 2024

HM Nyaga, J

March 20, 2024

Between

Dennis Wanjohi

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:Count IStealing contrary to section 268 as read with 275 of the Penal Code.The particulars are that;On diverse dates between 25th September 2023 at Wanyororo Secondary School – Githioro Location, Nakuru North Sub County within Nakuru County you stole two metallic chairs worth Kshs 7,000/- and 26 steel bars 2ft each worth Kshs 2,000/= all valued at Kshs 9,000/=Count IIHandling stolen goods contrary to Section 322 of the Penal Code.The particulars are that;On 25th September 2023 at Wanyororo Secondary School – Githioro Location, Nakuru North Sub County within Nakuru County otherwise than in the course of stealing, dishonestly retained two metallic chairs, 26 metal bars of two ft each having reason to believe them to be stolen goods.

3. He pleaded guilty and he was sentenced to serveCount 1: 6 months imprisonmentCount II: 3 months imprisonment

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

5. 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 Githioro Police Station.

6. 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 Githioro Police Station for two (2) months.

7. The terms will be explained to him.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 20THDAY OF MARCH, 2024. ­­­­­­­­­­­­­­­­­­­­­.............H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for state