(ORIGINATING FROM CRIMINAL CASE NUMBER E199 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. Y.A. SHIKANDA [S.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 8 Month imprisonment on 26th March, 2024.
- A sentence review report dated 1st October, 2024 by Abayo Sora Abayo indicated that Applicant had learned the lesson and was ready to serve non- custodial sentence of community service order for the remaining period. He also stated he would be residing at Mtomondoni were with his wife and continue with methadone treatment. He also promised to stay in regular employment to prevent him from engaging in deviant behavior. He was also on methadone and promised to continue with it given a second chance. His wife was ready to assist in the process of reintegration and assist on supervision.
- The officer recommended that the Applicant be placed on community service order at Mtwapa Chief’s office for the remaining period of 5 months.
- 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 sentence of the time already spent in custody plus community Service at Mtwapa Chief’s office for the 5 months.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …….24th …………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