(ORIGINATING FROM CRIMINAL CASE NUMBER E484 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M
- The Applicant was charged and convicted on his plea of guilty for the offence of Threatening to kill contrary to Section 223 of the Penal Code and sentenced to serve 2-year imprisonment on 30th May, 2024.
- A sentence review report dated 1st October, 2024 by Abayo Sora Abayo indicated that efforts to reach his mother and other family members were futile thus it would be difficult to release the Applicant without the knowledge of the complainant due to their relationship and living circumstances. Further the officer intimated that the Applicant lived with the victim whom they had not had a chance to reconcile. He had been in prison for only 4 months. The underlying issue to his deviant behavior was due to drug addiction which had not yet been addressed this high chance of relapsing.
- I have considered the Sentence Review Report I find that the Applicant is to serve his sentence to completion in custody. Application for review of sentence is therefore denied.
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