The offenders herein Jackson Muli and Geoffrey Mutune were convicted on a charge of stealing motor vehicle parts contrary to section 279(c) of the Penal Code (Cap. 63) Laws of Kenya that they stole two motor vehicle headlight nozzles valued at KShs 4,000/= from motor vehicle registration number KDQ 984Q Subaru Forester, the property of Bernice Mwikali. They were sentenced to pay a fine of KShs 20,000/= each in default to serve 6 months imprisonment.
I have perused the trial court file and I note that that the trial court did not call for pre-sentence reports for the offenders. Even though mandatory, the reports are useful in determining an appropriate sentence for each offender.
The offenders have been in custody for slightly over 3½ months from the date of their arrest on 3/8/2024. I consider that their continued stay in custody is an indication that they are unable to raise the fine imposed.
The sentence review reports filed herein by Nasra Ibrahim, Probation officer recommends that the offenders are suitable for a non-custodial sentence of probation service.
I believe that the period so far served in prison is sufficient to enable them understand that breaking the law attracts dire consequences. Consequently, this court now directs that the offenders’ remaining term of imprisonment in default of fine is reviewed and substituted with an order that each be placed on probation for 2 months. They are accordingly released to the Mombasa Probation and Aftercare department to undertake the sentence unless otherwise lawfully held.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 21st day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.
I have perused the trial court file and I note that that the trial court did not call for pre-sentence reports for the offenders. Even though mandatory, the reports are useful in determining an appropriate sentence for each offender.
The offenders have been in custody for slightly over 3½ months from the date of their arrest on 3/8/2024. I consider that their continued stay in custody is an indication that they are unable to raise the fine imposed.
The sentence review reports filed herein by Nasra Ibrahim, Probation officer recommends that the offenders are suitable for a non-custodial sentence of probation service.
I believe that the period so far served in prison is sufficient to enable them understand that breaking the law attracts dire consequences. Consequently, this court now directs that the offenders’ remaining term of imprisonment in default of fine is reviewed and substituted with an order that each be placed on probation for 2 months. They are accordingly released to the Mombasa Probation and Aftercare department to undertake the sentence unless otherwise lawfully held.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 21st day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.