REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E294 OF 2024
MICHAEL MUMBA GANDI…………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E316 0F 2023 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT SHANZU (HON. MBOGO S.R.M)
RULING
- The Applicant was found guilty on his own plea on the offences of house breaking contrary to Section 304(1)(a) of the Penal Code and the second count of stealing contrary to Section 268 as read with Section 275 of the Penal Code and sentenced to 3 years imprisonment for the 1st count and 1 year for the 2nd count to run concurrently on 26th April, 2024.
- A sentence review report dated 1st October, 2024 by David Chiko Gambo made the conclusion that the Applicant had been in prison and reported that he changed his behavior for better. He had responsibilities of taking care of the family who vouched for his release. The officer stated that the Applicant had a supportive family and home environment was conducive or his release. The office recommended a non – custodial sentence of Community Service at Kisauni Probation Station for a period of 8 months.
- 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 at Kisauni Probation Station for a period of 12 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