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JudgmentCLINTON MWASHIGHADI VS The Republic1 min read

CLINTON MWASHIGHADI VS The Republic

High Court at Mombasa High Court · · Wendy Micheni

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

CRIMINAL REVISION NO. E220 OF 2024

CLINTON MWASHIGHADI…….……………………….……. APPLICANT

VERSUS

REPUBLIC ………………………………………………..… RESPONDENT

(ORIGINATING FROM CRIMINAL CASE NUMBER E1506 OF 2023 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO [S.R.M])

RULING

  1. 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 3 years imprisonment on 14th November, 2024.
  2. 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. He was adamant that he had positively reforemed and vouched to abide by the regulations. His family at home looked forward to his reintergration and present a readily available social support system for his rehabilitation. They planned to reintergrate him back to a local garage where he was intended on practising and perfecting his mechanical skills. The officer recommended the Applicant should be suitable for a non – custodial sentence. The Applicant served a community service order at the Chaani Chief’s office under the supervision of the area chief Mr. Ben Valasa for the remainder of his sentence.
  3. 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 Chaani Chief’s office under the supervision of the area chief Mr. Ben Valasa 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

    CLINTON MWASHIGHADI VS The Republic CLINTON MWASHIGHADI VS The Republic