REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E295 OF 2024
ALI MOHAMED…..………..…...……………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E1236 OF 2023 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M])
RULING
- The Applicant was charged and convicted on his plea of guilty for the offence of House breaking contrary to Section 304(1)(b) and Stealing contrary to Section 279(b) of the Penal Code and sentenced to serve 3-years imprisonment on 11th January, 2024.
- A sentence review report dated 1st October, 2024 by Abeid Mohamed indicated that the Applicant spoke of being a changed person since his incarceration and looked forward to be a productive member of the society. He managed to recover from drug abuse and had become.
- According to the Officer, the Applicant who hails from Kwale County and have been living in Mbungoni area since the Childhood. He remained with one-year prison time and pleaded for leniency to allow him a non – custodial sentence. The officer recommended the Applicant be placed 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 Mbungoni Assistant Chief’s office for 18 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)
In the presence of:
M/s. Bebora, Court Assistant;
……………Ms. Maina……………State Counsel;