1. The Applicant was charged and convicted on his plea of guilty for the offence of Defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act no. 3 of 2006 and sentenced to serve a ten-year imprisonment on 8th July, 2024.
2. A sentence review report dated 19th March, 2025 by Stephen Muthoka indicated that the Applicant is suitable for a sentence review, a suspended sentence or more other suitable lenient sentence as the Court may deem fit. The Officer asked the court to exercise its discretion and consider revising the offender’s sentence to a 3-year probation sentence for the benefit of the Child’s right to education, parental care and the proposed victim support and realization of the alternative dispute resolution as the two families agreed during the lower court proceedings.
3. I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment. He has a term of less than 3 years’ imprisonment.
4. I therefore set aside the sentence by the trial court and substitute the same with the time spent in custody and an additional 3-year non-custodial probation sentence
5. This is under the prison decongestion policy.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …14th ….…………DAY OF ………May……………….……., 2025
In the presence of:
M/s. Bebora, Court Assistant;
……………Mr. Ngiri……………State Counsel;
………………………………………….…Applicant