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JudgmentKELVIN GUYA ONYANGO VS The Republic1 min read

KELVIN GUYA ONYANGO VS The Republic

High Court at Mombasa High Court · · Wendy Micheni


(ORIGINATING FROM CRIMINAL CASE NUMBER E287 OF 2023 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M])


  1. The Applicant was charged and convicted on his plea of guilty for 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 80,000/- in default of which to serve 2-year imprisonment on 28th March, 2024.
  2. A sentence review report dated 4th October, 2024 by Emmy Kipkosgei indicated that the Victim admitted that the Applicant must have learned his lesson and hoped he reformed; he was still aggrieved over his lost items which had negatively affected his business and cashflow. He was however willing to forgive him and moved hoping to stabilize with time.
  3. According to the officer, the Applicant’s mother, father and wife were willing to receive him back into the community and support his resettlement, so he can reform and get back on his life fully devoid of crime and antisocial engagement. If granted a chance the Applicant was willing to perform community service and promised to fully reform. The recommendation by the officer was the being that the Applicant was youthful, had a supportive family and his resolve to reform and be lawful abiding, the inmate could be considered for Community Service Order for the remaining period and the same was recommended at Shanzu Chief’s office.
  4. 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 THE TIME ALREADY SPENT IN CUSTODY AND a non-custodial sentence OF COMMUNITY SERVICE at Shanzu Chief’s office for 6 months.

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

    KELVIN GUYA ONYANGO VS The Republic KELVIN GUYA ONYANGO VS The Republic