REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E270 OF 2024
BENSON MUTWIRI……….…….……………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E256 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. G.A. OLLIMO [S.R.M])
RULING
- The Applicant was charged and convicted on his plea of guilty for the offence of Threatening to kill contrary to Section 223(1) of the Penal Code and sentenced to 3 years imprisonment on 4th April, 2024.
- A sentence review report dated 14th October, 2024 by Nafisi Abdalla indicated that the Applicant was agreeable to perform unpaid community work for the remainder of his prison sentence. His family members registered readiness to vouch for him on his adherence to community service. The officer recommended that the Applicant may serve a community service order for the remainder of his sentence at Junda Chief’s Officer under the supervision of Mr. Suleiman Wanje – area chief.
- 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 at Junda Chief’s Officer under the supervision of Mr. Suleiman Wanje – area chief for the remainder of his sentence.
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