Skip to content
JudgmentSHADRACK NYASIMI NYANGARA AND DAVID ALLOYS ONYANCHA AND 1 Others VS The Republic1 min read

SHADRACK NYASIMI NYANGARA AND DAVID ALLOYS ONYANCHA AND 1 Others VS The Republic

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

(From the original Conviction and Sentence in the Principal Magistrates’ Court at Nyamira, Criminal Case No. 367 of 2015 by Hon. E.K. Nyutu, Principal Magistrate on 4th October 2017)

The Applicants were charged and convicted of the offence of Robbery with violence contrary to Section 296 (2) of the Penal Code. The trial court sentenced each of them to serve 14 years imprisonment. The Applicants have served 7 years of their sentences. They are each remaining with 2 years and 4 months to complete their sentences. The Sentence Review Reports filed on 3rd September 2024 by Senior Probation Officer Samwel Chuma in respect of the 1st and 3rd Applicants do not recommend a non-custodial sentence. I hereby direct that the 1st and 3rd Applicants shall continue to serve the remainder of their sentences in custody.

The Sentence Review Report filed on 3rd September 2024 in respect of the 2nd Applicant recommends a non-custodial sentence. I hereby direct that the 2nd Applicant shall serve a Community Service Order at Magwagwa Police Station under the supervision of the Nyamira Probation Officer Mr. Nelson Maroa and the OCS Magwagwa Police Station.

Orders accordingly.

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