(ORIGINATING FROM CRIMINAL CASE NUMBER E661 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. R. ORORA [S. R.M])
RULING
- The Applicant was charged and convicted on his own plea of guilt for the offence of Obtaining money by false pretence contrary to Section 313 of the Penal Code and sentenced to pay Kshs 200,000/- in default of which to serve 1-year imprisonment on 2nd September, 2024.
- A sentence review report dated 3rd December, 2024 by Boytone Omondi indicated that Applicant was agreeable to perform unpaid community work for the remainder of his prison sentence. He had a young family that was dependent on him and concerned of their welfare. The officer recommended a community service order at Likoni Chief’s 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 the time spent in custody .
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AJanuatyND DATED AT MOMBASA THIS ……17th.…………DAY OF ………………………..…….., 2025
……………………………………………………..
HON. LADY JUSTICE W. M. KAGENDO
(JUDGE)
HIGH COURT OF KENYA AT MOMBASA
(CRIMINAL DIVISION)
In the presence of:
M/s. Maureem Court Assistant;
……………Mr Ngiri……………State Counsel;
………………………………………….…Applicant