REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL REVISION NO. E292 OF 2024
SULEIMAN ALI…………….…………………………….……. APPLICANT
VERSUS
REPUBLIC ………………………………………………..… RESPONDENT
(ORIGINATING FROM CRIMINAL CASE NUMBER E312 0F 2024 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA P.M)
RULING
- The Applicant was found guilty on his own plea on the offence of Stealing from a locked motor vehicle contrary to Section 279(a) of the Penal Code and sentenced to pay a firm of Kshs 30,000/- in default of which to serve one year imprisonment on 4th April, 2024.
- A sentence review report dated 30th September, 2024 by Winnie Justinah Kalunda made the conclusion that the Applicant had so far served 6 months in prison and his release date was 4th December, 2024. According to the officer, his mother and uncle were ready to receive him back home and fully assist in his successful reintergration. The officer recommended that the court review the Applicant’s sentence to a non – custodial sentence of Community Service Order for a period of three (3) months at the Chief’s Office Mtopanga.
- 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 Community Service at Chief’s Office Mtopanga for a period of 3 months.
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