REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E238 OF 2024
DAVID GACHERI MWANGI..………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E1009 0F 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO [S.R.M])
RULING
- The Applicant pleaded guilty for the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code and sentenced to 3 years imprisonment on 22nd July, 2024.
- A sentence review report dated 14th October, 2024 by Nafisa Abdalla indicated that the Applicant stayed 2 months at the prison and not much could be reported about his progress. The Applicant was agreeable to perform unpaid community work for the remainder of his prison sentence. However none of his family registered readiness to vouch for him on his adherence to community service. He was mentioned to be unreliable. The officer was of the view that the Applicant was unsuitable for a non custodial sentence. There was need for more time for his reintegration process.
- I have considered the Sentence Review Report I find the application for revision unmerited and that the same is dismissed. The Applicant is to serve out his time as indicated by the trial court till completion of his custodial 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