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JudgmentDENNIS ABUGA MOGAKA VS The Republic1 min read

DENNIS ABUGA MOGAKA VS The Republic

High Court at Nyamira High Court · · Wilfrida A. Okwany

(From the original Conviction and Sentence in the Principal Magistrates’ Court at Keroka, Criminal Case No. E901 of 2021 by Hon. B.M. Kimtai, Principal Magistrate on 13th September 2021.)

RULING

The Applicant was charged with the offence of manslaughter contrary to Section 202 of the Penal Code and a second charge of assault contrary to Section 251 of the Penal Code. He was convicted on his own plea of guilty for the second charge of assault and convicted after a full trial on the first count of manslaughter. The trial court sentenced him to serve 5 years’ imprisonment on each count in the charge. He applied to this Court for a Revision of sentence and by a Ruling dated 13th July 2023, this Court directed that the sentences shall run concurrently. The Applicant has now served 3 years and is remaining with 4 months after remission to complete his sentence. The Sentence Review Report filed on 3rd September 2024 by Senior Probation Officer Jackline Mwei recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Girango Primary School under the supervision of the Probation Officer at Keroka, Ms. Jackline Mwei and the school headteacher.

Orders accordingly.

DATED and DELIVERED at NYAMIRA on this 19TH day of SEPTEMBER 2024.


    DENNIS ABUGA MOGAKA VS The Republic DENNIS ABUGA MOGAKA VS The Republic