Case Metadata |
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| Case Number: | Criminal Revision 324, 325 & 326 of 2010 (Consolidated) |
|---|---|
| Parties: | Moses Gitau Ndung'u, David Karonjo & Joseph Kiiru v Republic |
| Date Delivered: | 29 Apr 2010 |
| Case Class: | Criminal |
| Court: | High Court at Nakuru |
| Case Action: | Judgment |
| Judge(s): | Mathew John Anyara Emukule |
| Citation: | Moses Gitau Ndung'u & 2 others v Republic [2010] eKLR |
| Advocates: | none |
| Court Division: | Criminal |
| Parties Profile: | Individual v Government |
| County: | Nakuru |
| Advocates: | none |
| Case Summary: | .. |
| Case Outcome: | Revision allowed |
| Sum Awarded: | none |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Revision 324, 325 & 326 of 2010
MOSES GITAU NDUNG'U…………………..…………………….1ST APPLICANT
DAVID KARONJO………………………………….……………….2ND APPLICANT
JOSEPH KIIRU………………………………………………………3RD APPLICANT
VERSUS
REPUBLIC……………………………………...……………………..RESPONDENT
JUDGMENT OF REVISION
The prisoners were charged with two counts of stealing contrary to section 275 and handling stolen property contrary to Section 322(2) of the Penal Code (Cap. 63, Laws of Kenya). They all pleaded guilty on both counts, and were convicted and sentenced to 21/2 years imprisonment, without option of fines.
In order to decongest the prisons, Probation Reports have been obtained in respect of the three appellants recommending community service for the three of them. In exercise therefore of the powers conferred to this court by Section 364 (1) (b) of the Criminal Procedure Code, (Cap. 75, Laws of Kenya), the sentence of 21/2 years imprisonment imposed by the trial court on the respective prisoners shall be reversed and in lieu thereof each of the prisoners shall serve a community service at the following places, and for the period indicated against each of them-
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Prisoner's Name |
Location of Community Service |
Period of Community Service |
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1. |
Moses Gitau Ndungu |
Githunguri Chief's Camp |
Balance of prison term |
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2. |
David Karonjo |
Kiratina Chief's camp, in Kiratina Kiambu District |
Balance of prison term |
|
3. |
Joseph Kiiru |
Free Area Chief's camp, Nakuru |
Balance of prison term |
Dated and signed at Nakuru this 29th day of April 2010
JUDGE
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