The offender herein Abdalla Bakari Mwaviema was charged with housebreaking contrary to section 304(1)(b) and stealing contrary to section 279(b) of the Penal Code. He was sentenced to pay a fine of KShs 100,000/= in default to serve 12 months imprisonment.
I have received the sentence review report filed herein in respect of Abdallah Bakari Mwaviema from the Probation and Aftercare Service Department dated 9/10/2024 as per this court’s directions dated 19/9/2024 requesting for the same.
I have perused the trial court file and I note that the pre-sentence report filed in court on 22/7/2024 recommended that the offender was not suitable for a non-custodial sentence.
The sentence review report still indicates that he is not suitable for a non-custodial sentence. The community is hostile to his reception due to what is indicated as negative influence to others and indulgence in drug and substance abuse. The offender has been in custody for slightly over 5 months.
He can be released on payment of the balance of the fine or he completes the default term of imprisonment which I do not find excessive in view of the seriousness of the offence committed. Consequently, the sentence review is not allowed.
Consequently, this file is closed.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 15th day of November, 2024.
I have received the sentence review report filed herein in respect of Abdallah Bakari Mwaviema from the Probation and Aftercare Service Department dated 9/10/2024 as per this court’s directions dated 19/9/2024 requesting for the same.
I have perused the trial court file and I note that the pre-sentence report filed in court on 22/7/2024 recommended that the offender was not suitable for a non-custodial sentence.
The sentence review report still indicates that he is not suitable for a non-custodial sentence. The community is hostile to his reception due to what is indicated as negative influence to others and indulgence in drug and substance abuse. The offender has been in custody for slightly over 5 months.
He can be released on payment of the balance of the fine or he completes the default term of imprisonment which I do not find excessive in view of the seriousness of the offence committed. Consequently, the sentence review is not allowed.
Consequently, this file is closed.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 15th day of November, 2024.