(ORIGINATING FROM CRIMINAL CASE NUMBER E1382 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. I. ITHUKU - C.M.)
- The Applicant was found guilty on his own plea on the offence of Burglary contrary to Section 304(2) and Stealing contrary to Section 279(2) of the Penal Code and sentenced to 2 years imprisonment on 5th August, 2024.
- A sentence review report dated 14th October, 2024 by Nafisa Abdalla who intimated that the Applicant was agreeable to perform unpaid community work for the remainder of his prison sentence. His family members registered readiness to vouch for him on his adherence to community service. The officer recommended that the Applicant serve a community service order for the remainder of his sentence at Miritini Chief’s office.
- 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 THE TIME SPENT IN CUSTODY PLUS a non custodial sentence of community Service at Miritini Chief’s office for 12 months.
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