(ORIGINATING FROM CRIMINAL CASE NO. E286 OF
2024)
- The accused persons herein have been charged with threatening to kill contrary to Section 223(1) of the Penal Code.
- The particulars of the offence are that on the 14th February, 2024 at Makadara grounds in Mombasa subcounty within Mombasa county jointly with others not before court, while armed with pangas, threatened to kill SALIM ALI KHALIFA by saying ‘tutakuua’.
- The accused persons all pleaded guilty and were sentenced to thirty-six months imprisonment.
- Sentence review reports by Boytone Omondi were showed positive reports- they have had time to reflect upon their lives and they commit to live responsibly with their communities, and he considered the inmates suitable for a non-custodial sentence at Central Police Station.
- In light of the above findings, the sentence is reviewed to the time already spent, and Community Service at Central Police Station for the remainder of their sentences.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL,
SIGNED AND DATED AT MOMBASA THIS …….…27th………DAY OF
…………………DECEMBER……..…….., 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