(ORIGINATING FROM CRIMINAL CASE NUMBER E005 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. LEAH JU
- The Applicant was charged and convicted on his plea of guilty for the offence of Assault causing actual bodily harm contrary to Section 251 of the Penal Code and sentenced to serve 1-year imprisonment on 22nd May, 2024.
- A sentence review report dated 30th September, 2024 by Faith W. Kamande indicated that the home environment is conducive for his reintegration; the brother confirmed the family was ready to welcome and embrace him back home and provide him with psychological support as he resumes his life back from confinement. He was willing to perform Community Service at his area assistant’s chief’s office at Mtomondoni and the worksite vacancy has been confirmed.
- The officer recommended the Applicant to serve 2 months community service order at Motomondoni Assistant 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 BEING COMMUNITY SERVICE at Motomondoni Assistant Chief’s office for 3 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