REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E252 OF 2024
MOSES OTIENO..………….…………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E605 0F 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. A. K. ITHUKU C.M)
RULING
- The Applicant was found guilty on his own plea on the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code and sentenced to 18 months imprisonment on 30th April, 2024.
- A sentence review report dated 7th October, 2024 by Jeria Oara made the conclusion and recommendation that the Applicant was agreeable to perform unpaid community work for the remainder of his prison sentence and prayed for leniency. According to the officer, the Applicant was remorseful and prayed for forgiveness. He had no records of prison misconduct and could effectively reintergrated in the community. The officer recommended a non – custodial sentence for a community service order at Changamwe Police Station.
- 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 Changamwe Police Station for a period of 3 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