(ORIGINATING FROM CRIMINAL CASE NO E 1455OF 2024 IN
THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON OLIMO G.A SRM)
The Applicant was charged and convicted under section 215 of the CPC for the offence of CAUSING GRIEVIOUS HARM CONTRARY TO section 234 OF THE PENAL CODE in count 1 and assault in resisting arrest contrary to section 253 (a) of the Penal code. The Applicant was sentenced to three (3) YEARS imprisonment in count 1 and 6 months imprisonment in count 2 on on the 26th June , 2024.
The sentence review report dated 19th November 2024 by Boytone Omondi indicates that in mate has learnt his lesson and is willing to perform community service for the remainder of his sentence. The family and community sentiments were also positive and they are willing to receive him.
Having considered the Sentence Review Report, I find that since the applicant has learnt his lesson . His sentence is reviewed to the time already spent in custody plus A COMMUNITY SERVICE ORDER SENTENCE FOR SIX (6) MONTHS IN EACH OF THE TWO COUNTS AT SHELLY BEACH CHIEF’S OFFICE . THE SENTENCES TO RUN CONCURRENTLY.
Delivered virtually this 27th day of December 2024
Lady justice Wendy Kagendo Micheni
Court assistant … Bebora