(ORIGINATING FROM CRIMINAL CASE NUMBER E239 OF 2024 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M])
- The Applicant was charged and convicted on his plea of guilty for the offence of Stealing contrary to Section 275 of the Penal Code and sentenced to pay a fine of KSH 30,000 or in dafault to serve 1-year imprisonment on 5th March 2024.
- A sentence review report dated 1st October, 2024 by Amanda Asiago 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. Positive in his out look
- According to the Officer, the Applicant who hails from Bamburi and his family is willing to help in his re integration. The officer recommended the Applicant be placed on community service for one year at the Bamburi police station.
- 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 already served.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS ……6th.…………DAY OF ……February …………………..…….., 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;
……………Mr Ngiri……………State Counsel;
………………………………………….…Applicant