This court has received the sentence review report filed herein in respect of the two offenders Mwangi Bemunga Rua and Chaka Bengao Chaka from the Probation and Aftercare Service Department filed in court on 17/10/2024 as per this court’s directions requesting for the same.
I have perused the trial court file and I note that the offenders were convicted and sentenced for the offence of stealing contrary to section 268 as read with 275 of the Penal Code (Cap. 63) Laws of Kenya. The items stolen were worth KShs 140,000/= the property of Base Titanium Company Limited. They were also charged in the alternative with handling stolen goods contrary to section 322(1) and (2) of the Penal Code that otherwise in the course of stealing they dishonestly retained the stolen items knowing or having reasons to believe them to be stolen.
Before sentence the prosecution informed the court that the offenders had no records of previous convictions. Each of the offenders asked to be considered for a non-custodial sentence.
The trial court called for a pre-sentence report which was favourable that the offenders may be considered for a non-custodial sentence of community service.
They were sentenced to serve 6 months imprisonment to run from the date of arrest on 17/7/2024. They have served about 4 months of their sentence and if remission under section 46 of the Prisons Act is considered, they should be out of custody.
The sentence review report filed herein by Omar Kenga Nzai, Probation Officer indicates that they are suitable for a non-custodial sentence and recommends community service.
Consequently, this court now directs that the offender’s remaining term of imprisonment, if at all, is reviewed and substituted with a commitment for them to serve community service for one month at Lunga Lunga Chief’s office for Mwangi Bemunga Rua and Perani Secondary school for Chaka Bengao Chaka. They shall be released to the Kwale County Probation and Aftercare department to undertake the sentence.
Otherwise, if they have served their full terms, they should be released forthwith without any further reference to community service.
Consequently, this file is closed.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 18th day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.
I have perused the trial court file and I note that the offenders were convicted and sentenced for the offence of stealing contrary to section 268 as read with 275 of the Penal Code (Cap. 63) Laws of Kenya. The items stolen were worth KShs 140,000/= the property of Base Titanium Company Limited. They were also charged in the alternative with handling stolen goods contrary to section 322(1) and (2) of the Penal Code that otherwise in the course of stealing they dishonestly retained the stolen items knowing or having reasons to believe them to be stolen.
Before sentence the prosecution informed the court that the offenders had no records of previous convictions. Each of the offenders asked to be considered for a non-custodial sentence.
The trial court called for a pre-sentence report which was favourable that the offenders may be considered for a non-custodial sentence of community service.
They were sentenced to serve 6 months imprisonment to run from the date of arrest on 17/7/2024. They have served about 4 months of their sentence and if remission under section 46 of the Prisons Act is considered, they should be out of custody.
The sentence review report filed herein by Omar Kenga Nzai, Probation Officer indicates that they are suitable for a non-custodial sentence and recommends community service.
Consequently, this court now directs that the offender’s remaining term of imprisonment, if at all, is reviewed and substituted with a commitment for them to serve community service for one month at Lunga Lunga Chief’s office for Mwangi Bemunga Rua and Perani Secondary school for Chaka Bengao Chaka. They shall be released to the Kwale County Probation and Aftercare department to undertake the sentence.
Otherwise, if they have served their full terms, they should be released forthwith without any further reference to community service.
Consequently, this file is closed.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 18th day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.