REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E288 OF 2024
MBARAK SAID ABDALLA.…………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E006 0F 2023 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. MBOGO S.R.M)
RULING
- The Applicant was found guilty of the offence of Assault causing actual bodily harm contrary to Section 251 of the Penal Code and sentenced to 4 years imprisonment on 16th May, 2024.
- A sentence review report dated 30th September, 2024 by Josiah Asande indicated that the Applicant was remorseful for his actions and had shown a desire to reform. He was fit for rehabilitation withing the community. He had spent approximately 4 months. The officer recommended CSO sentence of 1 year at the Kongowea Police Station for the remaining period.
- 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 Community Service Order of 1 year at Kongowea Police Station.
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