(ORIGINATING FROM CRIMINAL CASE NUMBER E362 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M])
- 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 serve 2-year imprisonment on 2nd May, 2024.
- A sentence review report dated 1st October, 2024 by Elizabth Masika indicated that the Applicant was born in 1980, he had served five months out of the 2-year sentence. His rate of reoofending was highly attributed to his heroin addiction which he had abused for close to 20 years. He had been enrolled for methadone treatment while in custody a process which he appreciated. Placing him on a non custodial sentence will affect his adherence to the methadone treatment as he expressed inability to adhere to the program if released back to the current environment which exposed him to drugs.
- The officer recommended that the Applicant still undergo rehabilitation through methadone treatment while in custody plus he had no family to support his rehabilitation. Based on that she recommended that a non – custodial sentence was not recommended.
- I have considered the Sentence Review Report I find that the Applicant is to serve his sentence to completion in custody. Application for review of sentence is therefore denied.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …….28th…………DAY OF …………………November……..…….., 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