REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E315 OF 2024
MICHAEL ODHIAMBO ABOGE……………………….……..APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E1277 OF 2021 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO [S. R.M])
RULING
- The Applicant was charged and convicted on his own plead of guilt for the offence of Obtaining money by false pretence contrary to Section 313 of the Penal Code and sentenced to serve 3 years imprisonment on 30th July, 2024.
- A sentence review report dated 29th October, 2024 by Ramadhan Mohamed indicated that 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 a community service order at Bamburi Chief’s office under the supervision of the area chief. The Applicant according to the officer has the support of the 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 of Community Service at Bamburi Chief’s officer for 18 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)
In the presence of:
M/s. Bebora, Court Assistant;
……………Ms. Maina……………State Counsel;