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 on a charge of stealing contrary to section 268(1) as read with section 275 of the Penal Code (Cap. 63) Laws of Kenya that he stole a mobile phone make Samsung A04E valued at KShs 22,000/= the property of Michael Muturi.
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 retained the said phone knowing or having reasons to believe it to be stolen.
Before sentence the prosecution informed the court that the offender had one previous record of conviction for a similar offence. The offender said in mitigation that it was an offence of drug abuse but the trial court confirmed from records that it was a similar offence.
The trial court did not for a pre-sentence report indicating that he was a repeat offender. He was sentenced to serve 18 months imprisonment. He has served about 11 months of his sentence.
The sentence review report filed herein by Joy Chelimo, Probation Officer indicates that he is suitable for a non-custodial sentence and recommends community service. Consequently, this court now directs that the offender’s remaining term of imprisonment is reviewed and substituted with a commitment for him to serve community service for one month at Kenya Forest Service Msambweni. He shall be released to the Kwale County Probation and Aftercare department to undertake the sentence.
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 on a charge of stealing contrary to section 268(1) as read with section 275 of the Penal Code (Cap. 63) Laws of Kenya that he stole a mobile phone make Samsung A04E valued at KShs 22,000/= the property of Michael Muturi.
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 retained the said phone knowing or having reasons to believe it to be stolen.
Before sentence the prosecution informed the court that the offender had one previous record of conviction for a similar offence. The offender said in mitigation that it was an offence of drug abuse but the trial court confirmed from records that it was a similar offence.
The trial court did not for a pre-sentence report indicating that he was a repeat offender. He was sentenced to serve 18 months imprisonment. He has served about 11 months of his sentence.
The sentence review report filed herein by Joy Chelimo, Probation Officer indicates that he is suitable for a non-custodial sentence and recommends community service. Consequently, this court now directs that the offender’s remaining term of imprisonment is reviewed and substituted with a commitment for him to serve community service for one month at Kenya Forest Service Msambweni. He shall be released to the Kwale County Probation and Aftercare department to undertake the sentence.
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.