REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E277 OF 2024
JACKSON KYALO..…….……………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E499 0F 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU ( HON. LEAH JUMA P.M)
RULING
- The Applicant was found guilty on his own plea on the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal Code and sentenced to pay a fine of Kshs 10,000/- or serve 6 months imprisonment on 19th July, 2024.
- A sentence review report dated 1st October, 2024 by Nancy Wawuda Masha concluded that the Applicant aged 19 years was a young man with a potential of becoming prosperous; he had no family support in Mombasa County occasioning him to loliness, poverty and pro – criminal attitude. The Applicant demonstrated a transition of his disposition by wanting to reconcile with his extended family who were in another county. Additionally, the Applicant purposed to start agricultural business on the family’s farm through the skills that he had learnt whilst in prison. The officer recommended that the Honourable Court consider reviewing the Applicant’s remaining prison sentence to non – custodial community service order for a period of 4 weeks at Kiembeni Police Station.
- 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 community service order for a period of 4 weeks at Kiembeni Police Station.
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