This court has received the sentence review report filed herein in respect of Ibrahim Suleiman Wendo from the Probation and Aftercare Service Department filed in court on 17/10/2024 as per this court’s directions requesting for the same.
I have perused the trial court file and I note that the offender was convicted and sentenced together with another on a charge of stealing stock contrary to section 278 of the Penal Code (Cap. 63) Laws of Kenya that he stole a calf valued at KShs 14,000/= the property of Cosmas Dzombo Chondo.
He was also charged in the alternative with handling stolen goods contrary to section 322(1) and (2) of the Penal Code that otherwise in the course of stealing he dishonestly received or retained the said calf knowing or having reasons to believe it to be stolen.
Before sentence the prosecution informed the court that the offender had no previous record of conviction. The offender said in mitigation he was remorseful and was taking care of his family.
The trial court did call for a pre-sentence report which indicated that he was a not suitable for a non-custodial sentence. He was sentenced to a fine of KShs 15,000/= in default to serve 9 months imprisonment. He has been in custody for slightly over 8½ months of his sentence.
In the circumstances his sentence is spent.
Consequently, this file is closed.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 18th day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.
I have perused the trial court file and I note that the offender was convicted and sentenced together with another on a charge of stealing stock contrary to section 278 of the Penal Code (Cap. 63) Laws of Kenya that he stole a calf valued at KShs 14,000/= the property of Cosmas Dzombo Chondo.
He was also charged in the alternative with handling stolen goods contrary to section 322(1) and (2) of the Penal Code that otherwise in the course of stealing he dishonestly received or retained the said calf knowing or having reasons to believe it to be stolen.
Before sentence the prosecution informed the court that the offender had no previous record of conviction. The offender said in mitigation he was remorseful and was taking care of his family.
The trial court did call for a pre-sentence report which indicated that he was a not suitable for a non-custodial sentence. He was sentenced to a fine of KShs 15,000/= in default to serve 9 months imprisonment. He has been in custody for slightly over 8½ months of his sentence.
In the circumstances his sentence is spent.
Consequently, this file is closed.
Orders accordingly.
Ruling, Dated and Delivered at Mombasa this 18th day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.