Lameck Kiage Ndega v Republic

Ndega v Republic (Criminal Revision E031 of 2024) [2024] KEHC 7467 (KLR) (13 May 2024) (Ruling) Neutral citation: [2024] KEHC 7467 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL REVISION E031 OF 2024 WA OKWANY, J MAY 13, 2024 BETWEEN LAMECK KIAGE NDEGA ...................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E1068 of 2021 by Hon. C.W. Waswa, Resident Magistrate on 1st February 2022) RULING 1. The Applicant was convicted on his own plea of guilty for the ofience malicious damage to property contrary to Section 339 (1) of the Penal Code and creating disturbance in a manner likely to cause a breach of peace contrary to Section 95 (1) (b) of the Penal Code. The trial court sentenced him to serve 5 years’ imprisonment. 2. The Applicant has served 2 years and 1 month of his sentence. The Sentence Review Report filed by the Probation Officer Samwel Chuma on 3rd April 2024 recommends a non-custodial sentence. 3. I hereby direct that the Applicant serves a Community Service Order at Nyamasibi Location, Chief’s Office under the supervision of the Chief for the remaining period of his sentence (6 months). Orders accordingly. DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W. A. OKWANY .................................. JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/7467/eng@2024-05-13 1

page 1 of 2