REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E258 OF 2024
ADAM AMIN OZIR alias SANITIZER……………….……..APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E1119 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. G.A OLIMO [S. R.M])
RULING
- The Applicant was charged and convicted on his own plead of guilt for the offence of Entering in a dwelling house with intent to commit a felony, contrary to Section 305(1) of the Penal Code and sentenced to pay a fine of Kshs 100,000/- in default of which he was to serve 1-year imprisonment on 1st August, 2024.
- A sentence review report dated 9th October, 2024 by John Dalluh indicated that Applicant appeared to have learnt a lesson for his crime. He was willing to finish the remainder of his sentence serving community service on a non – custodial order. His family however was not responsive and the officer’s efforts to trace them were futile. The Community sentients were negative and therefore the inmate’s needs may be best met in custody. The Officer recommended that the Honourable Court uses its discretion on the matter.
- I have considered the Sentence Review Report I find that the Applicant should finish his custodial sentence. The application is hereby dismissed.
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)
In the presence of:
M/s. Bebora, Court Assistant;
……………Ms. Maina……………State Counsel