REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E287 OF 2024
KALAMA HASSAN……………………………………….……..APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E368 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. MBOGO [S.R.M])
RULING
- The Applicant was charged and convicted on his own plea of guilt for the offence of Stealing by Servant contrary to Section 281 of the Penal Code and sentenced to pay a fine of Kshs 50,000/- in default of which to serve 1-year imprisonment on 26th April, 2024.
- A sentence review report dated 4th September, 2024 by Faith W. Kamande indicated that the home environment was conductive for his reintegration; his wife and sister were happy to receive him back to the community. The Applicant was willing to serve a non – custodial sentence of Community Service work in his community. The worksite had been confirmed by Mrs. Abbas Bulo the headteacher at Kwa Bulo Primary School. The Officer recommended that being that the Applicant is useful and physically healthy he would make a good candidate to serve a 1-month community service order at Kwa Bulo Primary School.
- 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 sentence of Community Service at Kwa Bulo Primary School for 3 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;