REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E276 OF 2024
NICODEMUS MUTHEE KAHU.……………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E1206 OF 2023 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M])
RULING
- The Applicant was charged and convicted on his plea of guilty for the offence of Stealing contrary to Section 268 as read with Section 275 of the Penal Code and sentenced to pay a fine of Kshs 50,000/- in default of which to serve 1 year imprisonment on 22nd February, 2024.
- A sentence review report dated 1st October, 2024 by Amanda Asiago indicated that the Applicant had learnt his lesson and regretted his actions and was ready to serve a non – custodial sentence of community service order for the remainder of his sentence if given a chance. He also indicated that he would be residing at Kongowea Polcie Station area with his family if placed on non – custodial sentence. The officer recommended that the Applicant may be released and place on community service for the remainder of his term
- 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 at Kongowea Chief’s office for 6 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