REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E293 OF 2024
JUMA KARISA KADENGE alias
JAY KAMANDA…………….…………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E033 0F 2024 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA P.M)
RULING
- The Applicant was found guilty on his own plea on the offence of Assault causing actual bodily harm contrary to Section 251 of the Penal Code and sentenced to pay a firm of Kshs 30,000/- in default of which to serve one year imprisonment on 4th April, 2024.
- A sentence review report dated 1st October, 2024 by Mary Moige made the conclusion that the Applicant was 29 years old and had reformed for the period he had served. The Applicant was remorseful for his actions. Further his wife and mother were ready to assist in the process of reintergration and assist on supervision if released on non – custodial sentence. The officer recommended that the Applicant may be placed on 6th Month community service order at Utange 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 Community Service at Utange Chief’s office for a period of 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