REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E242 OF 2024
GEOFFREY OCHIENG.….…….……………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E1160 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO [S.R.M])
RULING
- The Applicant was charged and convicted on his plea of guilty for the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code and sentenced to 6 months’ imprisonment on 16th July, 2024.
- A sentence review report dated 9th October, 2024 by Edith Cherotich indicated that the Applicant had learnt a lesson for his crime. He was willing to finish the remainder of his prison term serving the community on a non – custodial order. His family had been responsive and assured him that they would be present during his reintergration and supervision. The officer stated that the Applicant was remorseful and she recommended that the Applicant serve the a non custodial sentence for one month at Chaani Chief’s Office.
- 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 a non-custodial sentence for a Community Service Order at Chaani Chief’s Office for one month.
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