REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E102 OF 2025
(Coram: Andayi W. F., J.)
CLINTON MWASHIGADI……………..…………….APPLICANT
VERSUS
REPUBLIC……………………………………………RESPONDENT
RULING
1. This matter is placed before this court during the High Court Leaders’ Conference on 14/4/2025 for review of sentence. The review of sentence is under Article 50(2)(q) and 165(6) and (7) of the Constitution of Kenya, sections 362 and 364(1)(b) of the Criminal Procedure Code (Cap. 75) Laws of Kenya, the Probation of Offenders Act (Cap. 64) Laws of Kenya, section 3(1) of the Community Service Orders Act (Cap. 93) Laws of Kenya and pursuant to the Directions by the Honourable the Chief Justice in Her Memo dated 19/8/2024 on decongestion of prisons.
2. The trial court file has been placed before me and I have perused the same.
3. I note that this court, Hon. Lady Justice Wendy Micheni already dealt with this matter and delivered a ruling on review of sentence on 6/2/2025 whereby the sentence imposed by the trial court was substituted with a sentence that the offender serves a non-custodial sentence of community service at Chaani Chief’s office under the supervision of the area chief for the remainder of his imprisonment term.
4. In that case, the offender ought to have been released from custody unless he is being detained for a different offence.
5. Consequently, this file is closed.
6. Orders accordingly.
Ruling dated, signed and issued on the Judiciary Virtual Platform Teams, this 15th day of April 2025
HON. ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect.
ANDAYI W. F.
JUDGE
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E102 OF 2025
(Coram: Andayi W. F., J.)
CLINTON MWASHIGADI……………..…………….APPLICANT
VERSUS
REPUBLIC……………………………………………RESPONDENT
RULING
1. This matter is placed before this court during the High Court Leaders’ Conference on 14/4/2025 for review of sentence. The review of sentence is under Article 50(2)(q) and 165(6) and (7) of the Constitution of Kenya, sections 362 and 364(1)(b) of the Criminal Procedure Code (Cap. 75) Laws of Kenya, the Probation of Offenders Act (Cap. 64) Laws of Kenya, section 3(1) of the Community Service Orders Act (Cap. 93) Laws of Kenya and pursuant to the Directions by the Honourable the Chief Justice in Her Memo dated 19/8/2024 on decongestion of prisons.
2. The trial court file has been placed before me and I have perused the same.
3. I note that this court, Hon. Lady Justice Wendy Micheni already dealt with this matter and delivered a ruling on review of sentence on 6/2/2025 whereby the sentence imposed by the trial court was substituted with a sentence that the offender serves a non-custodial sentence of community service at Chaani Chief’s office under the supervision of the area chief for the remainder of his imprisonment term.
4. In that case, the offender ought to have been released from custody unless he is being detained for a different offence.
5. Consequently, this file is closed.
6. Orders accordingly.
Ruling dated, signed and issued on the Judiciary Virtual Platform Teams, this 15th day of April 2025
HON. ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect.
ANDAYI W. F.
JUDGE