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JudgmentMADISON KIBANGA NYABUTI AND SAMUEL MASITA AGWATA VS The Republic1 min read

MADISON KIBANGA NYABUTI AND SAMUEL MASITA AGWATA VS The Republic

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

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E969 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 23rd November 2023.)

The Applicant was convicted alongside another on two counts of burglary contrary to Section 304 (2) and stealing contrary to Section 279 (b) of the Penal Code. The trial court sentenced him to serve 4 years imprisonment cumulatively for the two counts. The Applicant has served 11 months and is remaining with one (1) year and nine (9) months after remission, to complete his sentence.  The Sentence Review Report filed on 3rd September 2024 by Senior Probation Officer Dickson Kairu recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Chiefs’ Office in Bosamaro location under the supervision of the Probation Officer Dickson Kairu and the area chief.

Orders accordingly.

DATED and DELIVERED at NYAMIRA on this 17TH day of SEPTEMBER 2024.