1. This matter comes up for a ruling in respect to the sentence given on 03/05/2024 – by Hon. G.A. Olimo in Mombasa CR. E860/2024. The Applicant pleaded guilty and was fined Kshs.100,000/= and in default to serve 18months in prison in count 1 and in count 2 he was fined KSH 50,000 or in default to serve 6 months in prison.
2. A sentence review report was prepared by Mr. Mutisya Kioko dated 17/01/2025. It shows that:-
i. The applicant was born 33 years ago in Mombasa County. He attended Maji Safi Primary School up to class 8. He did not proceed to secondary school due to financial constraints. He has been working as an off loader at Ferry area.
ii. The applicant is serving the sentence at Shimo la Tewa prison. During the time he has been in the prison facility, he was enrolled into cleaning and farm work.
iii. The applicant has undergone makeable rehabilitation and reformation as confirmed by the holding facility. He has shown a positive mark on reforms and has a changed attitude towards crime, law and order and punishment. As observed, his conviction and imprisonment has made a significant change in his personality and behavior change. The family has registered socio-economic and psychological support towards his re-integration and re-settlement and ensure he meets all the basic needs, psychological and emotional well-being and are prepared to ensure he gets a conducive environment to ensure a positive progress in post-imprisonment as well as his future life. At the moment, he is no longer a threat to the community or members of the public.
iv. In view of this socio-inquiry and the findings, the applicant was arrested on the 3rd May the year 2024. He was in remand till his conviction 4th June the year 2024. He was never admitted on bail/bond terms and was in custody all along during the trial period. He is currently serving a sentence term of two (2) years. He was arrested and incarcerated at a youthful age of thirty-three (33) years.
As captured in this report, the gathered findings point out that,
• He has been on through serious rehabilitation programme.
• He has shown obedience and adherence to rehabilitation programs.
• He can be easily and effectively supervised within the community.
• He has efficient social-economic-psychological support.
• He ranks a low risk offender and shows low recidivism probability.
• He is genuinely remorseful.
3. In Count 1 – I note that Regulation17 provides for a fine of up to KSH 200,000 and in default, a prison term is one-year . THE APPLICANT herein was sentenced to a default term of 18 months w year which is 6 more months than the stipulated time. That was an error which qualifies the sentence for review under section 362 the criminal procedure code .
4. I have seen the sentence review report and even though the Applicant had a similar conviction, I find that he has learnt a lesson. .
5. Accordingly, I review his sentence to the term already spent in custody plus an additional 6 months at LIKONI PROBATION and Community Resource Centre.
6. It is so ordered
Dated, signed and delivered in Open Court/online through MS TEAMS,
this 20th……day of …FEBRUARY……2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
…BERORA COURT ASSISTANT…………………………..
…MR NGIRI . MR SIRIMA AND MS CHEROP FOR THE STATE………………………….
…APPLICANT ABSENT…………………….
HON. LADY JUSTICE W. K. MICHENI
JUDGE