REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E248 OF 2024
MASHA KAHINDI…………....………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E1227 0F 2022 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. G. OLLIMO [S.R.M])
RULING
- The Applicant was charged and convicted for the offences of Robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code, Malicious damage to property contrary to Section 339(1) of the Penal Code and Creating disturbance contrary to Section 95(1)(b) of the Penal Code and sentenced to 3 years imprisonment on 27th March, 2024.
- A sentence review report dated 14th October, 2024 by Nafisa Abdalla indicated that the Applicant was agreeable to perform unpaid community work for the remainder of his prison sentence. His family vouched to support him and ensure adherence to the same. The officer recommended that in light of her findings, the Applicant was considered suitable for a non – custodial sentence. The Applicant had support from his family, local community and local administration.
- 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 at Miritini Chief’s Office under the Supervison of Mrs Binti Mwangolo for 6 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