The offenders herein Brian Brian Akala Musebe and Brian Saisi Mtama were convicted on two counts.
The first was willfully assaulting a police officer in due execution of the police officer’s duties contrary to section 103(a) of the National Police Service Act (Cap. 84) Laws of Kenya that they willfully assaulted OCS Inuka policde station C.I. Shadrack Mumo who was in due exercise of police duties.
The second count was willfully resisting arrest from police officers in due execution of the police officers’ duties contrary to section 103(a) of the National Police Service Act (Cap. 84) Laws of Kenya that they willfully and unlawfully resisted arrest from C.I. Shadrack Mumo and Sgt Dickson Mrenje. They were sentenced to pay a fine of KShs 100,000/= each on count 1 in default to serve one year imprisonment and a fine of KShs 30,000/= each on count 2 in default to serve 6 months imprisonment.
Since default sentences run consecutively, unless otherwise directed, and in this case there was no direction otherwise, then the full term of imprisonment in default would be 18 months.
I have perused the trial court file and I note that that the pre-sentence reports for the offenders were favourable and recommended probation. The learned trial magistrate then imposed the sentence of fine and in default imprisonment.
The offenders have been in custody for just about 4½ months from the date of their arrest on 7/7/2024. Their expected date of release if the fine is not paid is 30/7/2025. I consider that their continued stay in custody is an indication that they are unable to raise the fine imposed.
The sentence review report filed herein by Miss Atieno Beatrice Otieno, Probation officer recommends that the offenders are suitable for a non-custodial sentence of community service.
I believe that the period so far served in prison is sufficient to enable them understand that breaking the law attracts dire consequences. Consequently, this court now directs that the offenders’ remaining term of imprisonment in default of fine is reviewed and substituted with an order that each be placed on Community service for 3 months at Shikaadabu Chief’s office. They are accordingly released to the Mombasa Probation and Aftercare department to undertake the sentence unless otherwise lawfully held.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 21st day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.
The first was willfully assaulting a police officer in due execution of the police officer’s duties contrary to section 103(a) of the National Police Service Act (Cap. 84) Laws of Kenya that they willfully assaulted OCS Inuka policde station C.I. Shadrack Mumo who was in due exercise of police duties.
The second count was willfully resisting arrest from police officers in due execution of the police officers’ duties contrary to section 103(a) of the National Police Service Act (Cap. 84) Laws of Kenya that they willfully and unlawfully resisted arrest from C.I. Shadrack Mumo and Sgt Dickson Mrenje. They were sentenced to pay a fine of KShs 100,000/= each on count 1 in default to serve one year imprisonment and a fine of KShs 30,000/= each on count 2 in default to serve 6 months imprisonment.
Since default sentences run consecutively, unless otherwise directed, and in this case there was no direction otherwise, then the full term of imprisonment in default would be 18 months.
I have perused the trial court file and I note that that the pre-sentence reports for the offenders were favourable and recommended probation. The learned trial magistrate then imposed the sentence of fine and in default imprisonment.
The offenders have been in custody for just about 4½ months from the date of their arrest on 7/7/2024. Their expected date of release if the fine is not paid is 30/7/2025. I consider that their continued stay in custody is an indication that they are unable to raise the fine imposed.
The sentence review report filed herein by Miss Atieno Beatrice Otieno, Probation officer recommends that the offenders are suitable for a non-custodial sentence of community service.
I believe that the period so far served in prison is sufficient to enable them understand that breaking the law attracts dire consequences. Consequently, this court now directs that the offenders’ remaining term of imprisonment in default of fine is reviewed and substituted with an order that each be placed on Community service for 3 months at Shikaadabu Chief’s office. They are accordingly released to the Mombasa Probation and Aftercare department to undertake the sentence unless otherwise lawfully held.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 21st day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.