DA v Republic (Criminal Revision E042 of 2025) [2025] KEHC 6020 (KLR) (12 May 2025) (Ruling) Neutral citation: [2025] KEHC 6020 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E042 OF 2025 RN NYAKUNDI, J MAY 12, 2025 BETWEEN DA ............................................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. In this case the Applicant was charged with the ofience of Cruelty to a child contrary to Section 152(1) (a) of the Children Act 2022. The particulars of the ofience are: On the divers dates between 1st July 2024 and 16th September 2024 at [Particulars withheld] Estate in Kibulgeny Location in Soy Sub County within Uasin Gishu County Being a mother to BC a child aged 7 years willfully assaulted the said BC by beating him with a charger cable an Act that caused injury to his health. 2. The Applicant pleaded guilty thereafter convicted and sentenced to 1 year imprisonment. According the probation oficers report she is remaining with a balance of 3 weeks. In my view, I find no compelling reasons to place her on community service orders given the short period she is likely to serve as a candidate of non-custodial sentence. 3. For those reasons, the Applicant is discharged forthwith and computation of sentence to the period already served in prison. She is at liberty unless otherwise lawfully held GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 12TH DAY OF MAY 2025 ………………………………… R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/6020/eng@2025-05-12 1
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