Zacharia v Republic [2024] KEHC 2981 (KLR)

Zacharia v Republic (Revision Case E038 of 2024) [2024] KEHC 2981 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2981 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E038 of 2024

HM Nyaga, J

March 14, 2024

Between

Peter Zacharia

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 Preparation to commit a felony Contrary to Section 308(1) of the Penal Code.

3. The particulars are that; On the 29th day of November, 2023 at Mazembe area Rhonda Estate in Nakuru West Sub County within Nakuru County, jointly you were found at around 2145 hours armed with dangerous weapons namely kitchen knives in circumstances that indicate you were so armed with the intent to commit a felony.

4. He pleaded guilty and he was sentenced to pay a fine of Kshs. 20,000/- in default serve eighteen (18) 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 Kaptembwa Chief’s Camp.

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 Kaptembwa Chief’s Camp for Nine (9) 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