(ORIGINATING FROM CRIMINAL CASE NO. E1014 OF
2024)
- The accused person herein has been charged with the offence of having suspected stolen property contrary to Section 323 as read with Section 36 of the Penal Code.
- The particulars of the offence are that on the 29th day of May 2024, at Ganjoni- Express area, in Mvita Sub-County within Mombasa County, having been detained by No. 74768 CPL Ali Galole Buyao and No. 101670 PC Ayub Zoza Mwaruwa as a result of the powers conferred by Section 26 of the Criminal Procedure Code, the accused was found having in his possession three (3) side mirrors and two (2) rubber seals reasonably suspected of being stolen or unlawfully obtained.
- The accused person pleaded guilty and was sentenced to three years imprisonment.
- A sentence review report by Nafisa Abdalla stated that the accused person had served 3 months and 3 weeks. He was found to have exhibited good and progressive behaviour at the prison and to have been executing assigned duties effectively. His family registered readiness to vouch for him on his adherence to community service.
- In light of the above findings, the sentence is reviewed to the time already spent and may serve a community service order for the remainder of his sentence at Kisauni Chief’s office.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL,
SIGNED AND DATED AT MOMBASA THIS ……27.…………DAY OF
………………DECEMBER………..…….., 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