REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E250 OF 2024
KEVIN OMONDI OTIENO..…………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E358 0F 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. A. K. ITHUKU [C.M])
RULING
- The Applicant was found guilty on his own guilty plea for the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code and sentenced to 1 year imprisonment on 27th February, 2024.
- A sentence review report dated 9th October, 2024 by Edith Cherotich indicated that the Applicant appeared to have learnt a lesson for his crime. He was willing to finish the remainder of his prison term serving the community on a non – custodial order. His family had been responsive and assured this inquiry that they will be present during his reintergration and supervision. The officer recommended to the Honourable Court to discharge the Applicant on groungs that he was due for an early release on 27th October, 2024
- I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment; the Court is satisfied that time has been equated to time served. The Applicant is discharged of his sentence.
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