' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
MISC. CRIMINAL APPLICATION NO. E145 OF 2024
ABRAHAM KIPYEGO NDATWA……………..…………APPLICANT
VERSUS
REPUBLIC………………………………………………..RESPONDENT
RULING
1. The Applicant Abraham Kipyego Ndatwa and another were charged, tried and convicted of the offence of being in possession of ammunitions contrary to Section 4(2) (a) as read with 4 (3) (a) of the Fire Arms Act. They also faced a charge of possession of public stores contrary to section 324 (2) as read with Section 36 of the Penal Code.
2. Upon conviction on both counts the Applicant herein and his then co-accused were sentenced to 7 years imprisonment on count I and a fine of Ksh 20,000/- or in default 12 months jail term on count II.
3. A sentence review report was filed herein on 29.10.2025 at the instance of this court by one Benjamin Simiyu, the Principle Probation Officer Sirisia. The same indicates that the Applicant is, still undergoing institutional rehabilitation and has learnt farm work. Further that his community is receptive of the idea of his being released back to the community.
4. This court is mandated under section 364 (1) (b) of the Criminal Procedure code to review sentence. Article 165 (6) and (7) of the Constitution of Kenya 2010 vests in this court supervisory jurisdiction over the subordinate court within its geographical Jurisdiction.
5. I have duly considered the application herein, the affidavit in support thereof and the sentence review report and I am inclined to make a Community Service Order pursuant to the provisions of Section 3 of the Community Service orders Act Chapter 93 Laws of Kenya, and I hereby order the Applicant to undertake Community Service at Sirisia Law Court for a period of 8 months from the date hereof.
6. The Court Administrator Sirisia Law Court and the Principal Probation Officer Sirisia shall supervise him.
7. In the event of any default in compliance with this Community Service Order, the Applicant shall be committed back to prison to complete the remaining term of his sentence.
8. This file is hereby marked as closed.
Delivered, signed and dated at Bungoma this 29th day of October,2025.
MWANAISHA S. SHARIFF
JUDGE
'
IN THE HIGH COURT OF KENYA AT BUNGOMA
MISC. CRIMINAL APPLICATION NO. E145 OF 2024
ABRAHAM KIPYEGO NDATWA……………..…………APPLICANT
VERSUS
REPUBLIC………………………………………………..RESPONDENT
RULING
1. The Applicant Abraham Kipyego Ndatwa and another were charged, tried and convicted of the offence of being in possession of ammunitions contrary to Section 4(2) (a) as read with 4 (3) (a) of the Fire Arms Act. They also faced a charge of possession of public stores contrary to section 324 (2) as read with Section 36 of the Penal Code.
2. Upon conviction on both counts the Applicant herein and his then co-accused were sentenced to 7 years imprisonment on count I and a fine of Ksh 20,000/- or in default 12 months jail term on count II.
3. A sentence review report was filed herein on 29.10.2025 at the instance of this court by one Benjamin Simiyu, the Principle Probation Officer Sirisia. The same indicates that the Applicant is, still undergoing institutional rehabilitation and has learnt farm work. Further that his community is receptive of the idea of his being released back to the community.
4. This court is mandated under section 364 (1) (b) of the Criminal Procedure code to review sentence. Article 165 (6) and (7) of the Constitution of Kenya 2010 vests in this court supervisory jurisdiction over the subordinate court within its geographical Jurisdiction.
5. I have duly considered the application herein, the affidavit in support thereof and the sentence review report and I am inclined to make a Community Service Order pursuant to the provisions of Section 3 of the Community Service orders Act Chapter 93 Laws of Kenya, and I hereby order the Applicant to undertake Community Service at Sirisia Law Court for a period of 8 months from the date hereof.
6. The Court Administrator Sirisia Law Court and the Principal Probation Officer Sirisia shall supervise him.
7. In the event of any default in compliance with this Community Service Order, the Applicant shall be committed back to prison to complete the remaining term of his sentence.
8. This file is hereby marked as closed.
Delivered, signed and dated at Bungoma this 29th day of October,2025.
MWANAISHA S. SHARIFF
JUDGE
'