REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E280 OF 2024
LEWIS NYAMBU………………………………………….……..APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E366 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M])
RULING
- The Applicant was charged and convicted on his own plea of guilt for the offence of Attempted robbery contrary to Section 297(2) of the Penal Code and sentenced to 2 years imprisonment on 2nd May, 2024.
- A sentence review report dated 18th November, 2024 by Mwanajuma Mzee indicated that Applicant was of a youthful age and a father to a 9 month old son who was by the time of the report was under the care of his mother and maternal grandmother since the Applicant’s arrest. He has the support of his mother who intends to start up a business for him once released. His wife also promised to guide him to refrain from situations that will lead him to committing other offences. The Officer recommended that the Honourable Court consider placing the Applicant on Community Service for 9 months at the Kisauni Probation Station.
- 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 Kisauni Probation Station for 8 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