This court has received the sentence review report filed herein in respect of Nyale Mwero 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 for the offence of burglary contrary to section 304(2) and stealing contrary to section 279(b) of the Penal Code (Cap. 63) Laws of Kenya. The household items items stolen were worth KShs 100,000/= the property of Mzee Haruni. 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 arranged the disposal of one of the stolen goods namely a flat screen Star Times TV worth KShs 14,000/=.
The charge of burglary was not properly drawn as the particulars left out an important ingredient of the charge namely breaking into the house from which the properties were stolen.
Before sentence the prosecution informed the court that they had no records of previous convictions for the offender. The offender asked to be considered for a non-custodial sentence.
The trial court called for a pre-sentence report which was favourable that the offender may be considered for a non-custodial sentence of community service.
He was sentenced to serve 3 years imprisonment on each of the two limbs of the principal charge and the same to run concurrently from the date of arrest on 29/6/2023. He has served about 16½ months of his sentence.
The sentence review report filed herein 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 3 months at Gandini primary school. 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 for the offence of burglary contrary to section 304(2) and stealing contrary to section 279(b) of the Penal Code (Cap. 63) Laws of Kenya. The household items items stolen were worth KShs 100,000/= the property of Mzee Haruni. 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 arranged the disposal of one of the stolen goods namely a flat screen Star Times TV worth KShs 14,000/=.
The charge of burglary was not properly drawn as the particulars left out an important ingredient of the charge namely breaking into the house from which the properties were stolen.
Before sentence the prosecution informed the court that they had no records of previous convictions for the offender. The offender asked to be considered for a non-custodial sentence.
The trial court called for a pre-sentence report which was favourable that the offender may be considered for a non-custodial sentence of community service.
He was sentenced to serve 3 years imprisonment on each of the two limbs of the principal charge and the same to run concurrently from the date of arrest on 29/6/2023. He has served about 16½ months of his sentence.
The sentence review report filed herein 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 3 months at Gandini primary school. 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.