This court has received the sentence review report filed herein in respect of Mwatemo Kamanza from the Probation and Aftercare Service Department filed in court on 15/10/2024 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 bull valued at KShs 60,000/= the property of Ben Sirikwa.
They were 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 they dishonestly retained the said bull knowing or having reasons to believe it to be stolen.
Before sentence the prosecution informed the court that the offenders had no previous records of conviction. The offender herein Mwatemo Kamanza said in mitigation that he was remorseful and was taking care of his family. He had separated with his wife. He was a farmer and the season had not been good for him. He said his children had been sent away from school for lack of school fees. He had no other option but to steal.
The trial court did call for a pre-sentence report which indicated that he was not suitable for a non-custodial sentence as the community was hostile towards him for the offence committed. He was sentenced to one-year imprisonment. He has been in custody for slightly over 5 months of his sentence starting from the date of his arrest on 13/6/2024
The sentence review report filed herein by Solomon Ngao, Probation Officer indicates that the offender is suitable for sentence review to community service.
I find that this is a case deserving of a sentence review to a non-custodial sentence. The offender has learned that breaking the law can attract dire consequences. I find that the period served is sufficient for that purpose.
The offender’s remainder term of imprisonment is reviewed to a non-custodial sentence to be served on community service at Miatsani primary school for a period of 6 months. He is accordingly released to the Kwale Probation and Aftercare department to start his non-custodial 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 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 bull valued at KShs 60,000/= the property of Ben Sirikwa.
They were 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 they dishonestly retained the said bull knowing or having reasons to believe it to be stolen.
Before sentence the prosecution informed the court that the offenders had no previous records of conviction. The offender herein Mwatemo Kamanza said in mitigation that he was remorseful and was taking care of his family. He had separated with his wife. He was a farmer and the season had not been good for him. He said his children had been sent away from school for lack of school fees. He had no other option but to steal.
The trial court did call for a pre-sentence report which indicated that he was not suitable for a non-custodial sentence as the community was hostile towards him for the offence committed. He was sentenced to one-year imprisonment. He has been in custody for slightly over 5 months of his sentence starting from the date of his arrest on 13/6/2024
The sentence review report filed herein by Solomon Ngao, Probation Officer indicates that the offender is suitable for sentence review to community service.
I find that this is a case deserving of a sentence review to a non-custodial sentence. The offender has learned that breaking the law can attract dire consequences. I find that the period served is sufficient for that purpose.
The offender’s remainder term of imprisonment is reviewed to a non-custodial sentence to be served on community service at Miatsani primary school for a period of 6 months. He is accordingly released to the Kwale Probation and Aftercare department to start his non-custodial 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.