REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E264 OF 2024
KENNEDY EDDIE OTIENO alias
EDWIN TINTA…..……….……………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E416 0F 2024 IN THE SRM’S COURT AT MOMBASA ( HON. D. ODHIAMBI – S.R.M)
RULING
- The Applicant was found guilty on his own plea of stealing contrary to Section 268(1) as read with Section 275 of the Penal Code and sentenced to 4 years imprisonment on 3rd April, 2024.
- A sentence review report dated 9th October 2024 by Edith Cherotich concluded that the Applicant herein appeared to have learnt a lesson for his crime and was willing to finish the remainder of his prison term serving the community on a non – custodial order. According to the officer, his family had been responsive and assured the inquiry that they would be present during his reintergration and supervision. The officer recommendation to the Honourable Court was that of community service order for a period of one year to be served at Mtongwe Chief’s office.
- I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment. I set aside the sentence and hereby direct that the Applicant serves the remainer of his sentence at the Mtongwe Chief’s office for a period of one year.
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