(ORIGINATING FROM CRIMINAL CASE NUMBER E728 OF 2023 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. M. MUTUKU - C.M
- The Applicants were found guilty on their own plea on the offence of Preparation to commit felony contrary to Section 308(1) of the Penal Code and sentenced to 3 years imprisonment on 14th July, 2023.
- A sentence review report dated 9th October, 2024 by Atieno Beatrice Otieno intimated that the sentiments 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 chief’s officer for 3 months under the supervision of Voi Probation office or otherwise the court may consider.
- I have considered the Sentence Review Report I find that the Applicants 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 chief’s officer for 3 months under the supervision of Voi Probation office.
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