(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E379 of 2023 by Hon. B. Okong’o, Resident Magistrate on 18th October 2024)
The Applicants were convicted for the offences of house breaking contrary to Section 304 (1) (b) and stealing contrary to Section 279 (B) of the Penal Code. The trial court sentenced each of them to pay a fine of Kshs. 30,000/= and ordered them to compensate the complainant the value of the items not recovered or in default, to serve 2 years’ imprisonment. The 1st and 3rd Applicants have each served 5 months and 15 days of their sentences. The Sentence Review Reports filed on 3rd April 2024 by the Probation Officer Nelson Maroa in respect of the 1st and 3rd Applicants recommend a non-custodial sentence. I hereby direct that the 1st and 3rd Applicants shall each serve a Community Service Order at Nyamira Probation Office under the supervision of the officer in charge for the remaining period of their sentence.
This Court makes no orders in respect of the 2nd Applicant since there is no Sentence Review Report filed for its reference. I hereby direct that a Sentence Review Report for the 2nd Applicant be filed for consideration by the Court.
Orders accordingly.
DATED and DELIVERED at NYAMIRA on this _______ day of MAY 2024.