Mung’onye v Republic (Miscellaneous Criminal Application E083 of 2025) [2025] KEHC 15917 (KLR) (30 October 2025) (Ruling) Neutral citation: [2025] KEHC 15917 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA MISCELLANEOUS CRIMINAL APPLICATION E083 OF 2025 MS SHARIFF, J OCTOBER 30, 2025 BETWEEN JOSEPH MUNG’ONYE ............................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Joseph Mung’onye was charged and convicted of the ofience of obtaining by false pretenses contrary to Section 313 of the Penal Code in Sirisia PM CRC No. 550 of 2024. He was then sentenced to serve a jail term of two years. 2. The Applicant has now moved this court for review of his sentence. A pre-sentence review filed herein on 29.7.2025 by Catherine Wanyama the Probation Officer Sirisia Sub-county indicates that the applicant had as of 24.7.2025 served 8 months of his sentence wherefore as at this date he has served 11 months of his sentence. The said report reveals that the Applicant is rehabilitated and members of his community are ready to receive him back. It is thus proposed that I do consider his application for a non custodial sentence favourably. 3. I have duly considered the application herein, the affidavit in support thereof and the pre-sentence review report and I do find that this application is well merited. I therefore review the Applicant’s sentence pursuant to the provisions of Section 364 (1) (b) of the Criminal Procedure Code and I hereby issue a Community Service Order Act Pursuant to the provision of Section 3 of the Community Service Order Act No. 10 of 1998, ordering the Applicant to undertake community service for a period of 6 months at Kaimugut chief’s office. 4. The area chief Kaimugut location and the probation officer Sirisia shall supervise the Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15917/eng@2025-10-30 1
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5. In the event of default in compliance with the community service order, the Applicant shall be committed back to prison to complete the reminder of his sentence therein. 6. This file is hereby marked as closed. 7. It is hereby so ordered. DELIVERED, SIGNED, AND DATED AT BUNGOMA THIS 30TH DAY OF OCTOBER, 2025. MWANAISHA S. SHARIFF JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15917/eng@2025-10-30 2
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