(ORIGINATING FROM CRIMINAL CASE NUMBER E719 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO S.R.M)
- The Applicant was found guilty on his own plea on the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code and the alternative offence of handling stolen goods contrary to Section 322(1)(2) of the Penal Code and sentenced to 2 years imprisonment on 9th May, 2024.
- A sentence review report dated 8th October, 2024 by Atieno Beatrice Otieno intimated that the setiments of the family which was willing to accept him back from prison and facilitate his rehabilitation process. The family intimated that the home environment was conducive for his reintegration and resettlement and had come together to ensure that he would be economically empowered if considered for non – custodial sentence.
- According to the officer, the inmate was remorseful and willing to perform unpaid community work and prayed for leniency and consideration for community service. The officer recommended that the inmate was suitable for a non-custodial sentence and recommended to the court to review his sentence to serve a community service at Kisauni Chief’s office for 6 months or otherwise the court may consider.
- 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 spent in custody plus community Service at Kisauni Chief’s office for 6 months.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …….……28TH……DAY OF …………NOVEMBER……………..…….., 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