REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E266 OF 2024
GEOFFREY OCHIENG.….…….……………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E167 OF 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. A. K. ITHUKU [C.M])
RULING
- The Applicant was charged and convicted on his plea of guilty for the offence of preparation to commit a felony contrary to Section 308(2)(4) of the Penal Code and sentenced to 1 year and 18 months’ imprisonment on 13th February, 2024.
- A sentence review report dated 9th October, 2024 by Simon Mwero indicated that the Applicant a family man who was pleading to the Court for a second chance so that he may go and take care of his family at hime. He was ready to perform unpaid Community work for the remainder of his period. His family had been responsive and promised to assist in his supervision and rehabilitation. The chief similarly promised to support in his supervision. The officer recommended that the Honourable Court may consider the Applicant for a community service order to work at Portreitz Location 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 a non-custodial sentence for for a community service order to work at Portreitz Location Chief’s office for the remainder of his sentence.
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