Mark Moturi Ondienga v Republic

Ondienga v Republic (Miscellaneous Criminal Case E026 of 2024) [2025] KEHC 5721 (KLR) (9 May 2025) (Ruling) Neutral citation: [2025] KEHC 5721 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KILGORIS MISCELLANEOUS CRIMINAL CASE E026 OF 2024 CM KARIUKI, J MAY 9, 2025 BETWEEN MARK MOTURI ONDIENGA ................................................................... ACCUSED AND REPUBLIC ............................................................................................ PROSECUTOR RULING 1. The Applicant Mark Moturi Ondienga has filed an application seeking a non-custodial sentence for the remaining imprisonment period of 6 years. He had been charged with ofience of dealing in specified endangered wild life without permit u/S 92(2) of Act No. 47 of 2013 Laws of Kenya 2018 and was sentenced to serve six (6) years imprisonment on 10/03/2021. He avers that he has served 2/3 of the sentence and thus seeks to be awarded a non-custodial sentence for the remaining period. 2. However, is there a report to support that application from the probation office? The answer is in the negative. Thus, before the court makes formal verdict on the application, I direct i. That a probation report/social enquiry be filed by the relevant officer within a period of 30 days. ii. Mention on 06/06/2025. iii. Production order to issue the remaining day. DATED, SIGNED & DELIVERED VIRTUALLY IN KILGORIS HIGH COURT ON 9TH OF MAY 2025. CHARLES KARIUKI JUDGE In the presence of:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/5721/eng@2025-05-09 1

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