REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E286 OF 2024
ABDUL SALIM MOHAMED…………………………….……..APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E394 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. MBOGO [S. R.M])
RULING
- The Applicant was charged and convicted on his own plea of guilt for the offence of Stealing from a dwelling of the Penal Code and sentenced to 5 years imprisonment on 18th April, 2024.
- A sentence review report dated 1st October, 2024 by Abeid Mohamed Abeid indicated that Applicant was a young man who had had a difficult upbringing owing to the death of his mother at a young age and was brought up by his father. He looked forward to changing his behavior and ready to live behind his immoral behavior. The father to the Applicant is ready to receive him and look forward to facilitate his resettlement.
- The Officer recommended that the Honourable Court consider placing the Applicant on Community Service for one year at the Assistant Chief Mbungoni Office.
- I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment. I set aside the sentence by the trial court and substitute the same with a non-custodial sentence of Community Service at Assistant Chief Mbungoni Office for 10 months.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …….…………DAY OF ………………………..…….., 2024
……………………………………………………..
HON. LADY JUSTICE W. M. KAGENDO
(JUDGE)
HIGH COURT OF KENYA AT MOMBASA
(CRIMINAL DIVISION)
In the presence of:
M/s. Bebora, Court Assistant;
……………Ms. Maina……………State Counsel;
………………………………………….…Applicant