This court has received the sentence review report filed herein in respect of Mwalimu Omar Beya from the Probation and Aftercare Service Department filed in court on 22/10/2024 as per this court’s directions requesting for the same.
I have perused the trial court file and I note that the offender Mwalimu Omar Beya was convicted and sentenced on a charge of stealing contrary to section 268 as read with section 275 of the Penal Code (Cap. 63) Laws of Kenya that he stole various types of construction material valued at KShs 36,500/= the property of Mwinyi Mohamed.
Before sentence the prosecution informed the court that the offender had no previous record of conviction. The offender said in mitigation that he was remorseful and asked for lenience.
The trial court called for a pre-sentence report which was not favourable for a non-custodial sentence. The report from the community was negative with the village chairman describing him as a perpetual thief arising from drug addiction and the investigating officer indicating that he had a previous conviction of robbery with violence. However, these allegations were not substantiated with any record of conviction or even report to the police.
He was sentenced to serve 3 years’ imprisonment to run from the date of arrest on 20/1/2024. He has served about 10 months of his sentence.
The sentence review report filed herein by Charles Karoli, Probation Officer indicates that offender is not suitable for a non-custodial sentence as he has not shown that he will abide by the terms.
I have noted the negative sentiments expressed by the village chairman, the victim and the investigating officer. The same ought to have been supported by evidence of reports made to law enforcement agencies or records of conviction.
The offender not having any previous record of conviction, the low value of the items stolen and the fact that the offender is showing positive rehabilitation while in custody I find the sentence of 3 years imprisonment imposed by the trial court, being the maximum sentence for this offence, to be excessive.
Consequently, the sentence is reviewed to 18 months imprisonment and 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.
ANDAYI W. F.
JUDGE
I have perused the trial court file and I note that the offender Mwalimu Omar Beya was convicted and sentenced on a charge of stealing contrary to section 268 as read with section 275 of the Penal Code (Cap. 63) Laws of Kenya that he stole various types of construction material valued at KShs 36,500/= the property of Mwinyi Mohamed.
Before sentence the prosecution informed the court that the offender had no previous record of conviction. The offender said in mitigation that he was remorseful and asked for lenience.
The trial court called for a pre-sentence report which was not favourable for a non-custodial sentence. The report from the community was negative with the village chairman describing him as a perpetual thief arising from drug addiction and the investigating officer indicating that he had a previous conviction of robbery with violence. However, these allegations were not substantiated with any record of conviction or even report to the police.
He was sentenced to serve 3 years’ imprisonment to run from the date of arrest on 20/1/2024. He has served about 10 months of his sentence.
The sentence review report filed herein by Charles Karoli, Probation Officer indicates that offender is not suitable for a non-custodial sentence as he has not shown that he will abide by the terms.
I have noted the negative sentiments expressed by the village chairman, the victim and the investigating officer. The same ought to have been supported by evidence of reports made to law enforcement agencies or records of conviction.
The offender not having any previous record of conviction, the low value of the items stolen and the fact that the offender is showing positive rehabilitation while in custody I find the sentence of 3 years imprisonment imposed by the trial court, being the maximum sentence for this offence, to be excessive.
Consequently, the sentence is reviewed to 18 months imprisonment and 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.
ANDAYI W. F.
JUDGE