REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E208 OF 2024
HASSAN CHINAGO.…….……………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E883 0F 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO S.R.M)
RULING
- The Applicant was found guilty on his own plea on the offence of Obtaining money by false pretences contrary Section 313 of the Penal Code and sentenced to 3 years imprisonment on 30th May, 2024.
- A sentence review report dated 9th October, 2024 by Atieno Beatrice Otieno intimated that the setiments of the family back home indicated that the home environment was conductive for the Applicant’s reintergration and resettlement and had come together to ensure he would be economically empowered if considered for non – custodial sentence. According to the officer the Applicant was remorseful an agreeable to perform unpaid community work and prayed for leniency and consideration for community service. The officer’s recommendation to the court were that the Applicant was suitable for non – custodial sentence and they asked the Honourable Court to review his sentence to serve a community Service at Jomvu Chief’s office for 6 months or otherwise as per the Court’s consideration.
- 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 community Service at Jomvu Chief’s office for 6 months.
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