{From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E219 of 2023 by Hon. B. Okong’o, Resident Magistrate on 22nd March 2023}
The Applicant was convicted on his own plea of guilty for the offences of breaking into a building with intent to commit a felony contrary to Section 307 of the Penal Code and Malicious damage to property contrary to Section 339 (1) of the Penal Code.
The trial court sentenced him to pay a fine of Kshs. 100,000/= for the first count and Kshs. 100,000/= for the second count. He was further ordered to compensate the complainant in the sum of Kshs. 30,000/= or in default, to serve 5 years’ imprisonment. The Applicant has served 23 months of his sentence.
The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Ekerenyo Police Station under the supervision of the Officer Commanding Station for a period of 6 months.
Orders accordingly.
DATED and DELIVERED at NYAMIRA on this 13th day of MAY 2024.