(ORIGINATING FROM CRIMINAL CASE NUMBER E252 OF 2024 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M])
- The Applicant was charged on two counts and convicted on his plea of guilty for the offences of Creating disturbance in a manner likely to cause a breach of the peace contrary to Section 95(1)(b) of the Penal Code and malicious damage to property contrary to Section 339(1) of the Penal Code and sentenced to serve 6 months imprisonment on Count I and 2 years imprisonment on count II on 12th March, 2024; the sentences were to run concurrently.
- A sentence review report dated 30th September, 2024 by Winnie Justinah Kalunda indicated that the Applicant had by the time of the report served 6 months and had a remainder of 10 months to go. His mother was ready to receive him back home and fully assist in his successful reintegration. He had a supportive family and had a place to return to in Kisimani area of Nyali Sub – County in Mombasa County. He had expressed willingness to serve under a non – custodial sentencing and had adequate social support to be supervised under such and continue with his methadone treatment until the lapse of his full cycle. The officer recommended that the Applicant was suitable to serve a probation order for the remainder of the period of his sentence.
- 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 and probation order for period of one year.
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