(From the original Conviction and Sentence in the Chief Magistrate’s Court at Nyamira in Criminal Case No. E215 of 2023 by Hon. B. Okongo, Resident Magistrate on 20th February 2023)
The Applicant was charged with the offence of stealing a motorcycle contrary to section 278 A of the Penal Code and convicted on his own plea of guilty. The trial court sentenced him to pay a fine of Kshs. 20,000/= and to compensate the complainant the sum of Kshs. 117,000/= or to serve 3 years imprisonment in default. The Applicant has already served 1 year, 7 months’ imprisonment and is remaining with a further 5 months to serve after remission. The Sentence Review Report filed on 3rd September 2024 by Senior Probation Officer Nelson Maroa does not recommend a non-custodial sentence. I hereby direct that the Applicant shall continue to serve the remainder of his sentence in custody.
Orders accordingly.
DATED and DELIVERED at NYAMIRA on this 17TH day of SEPTEMBER 2024.