REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E260 OF 2024
STEPHEN MUINDI MUTUKU………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E658 0F 2024 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. D. ODHIAMBO [S.R.M])
RULING
- The Applicant pleaded guilty for the offence of Stealing contrary to Section 268(1) as read with Section 275 of the Penal Code and sentenced to 1 year imprisonment on 16th April, 2024.
- A sentence review report dated 9th October, 2024 by Nasra Ibrahim indicated that the Applicant had been diagnosed with bipolar disorder and was undergoing medication. The officer recommended that the Applicant complete his sentence on 16th December, 2024. The Applicant was said to be a threat to his family and had no fixed place of abode therefore he could not be supervised on non – custodial sentence since there was no psycho – socila support for successful reintegration.
- I have considered the Sentence Review Report I find the application for revision unmerited and that the Applicant should finish the remainder of his sentence at Shimo La Tewa Medium Prison.
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