This court has received the further sentence review reports filed herein in respect of Nyamawi Nguta from the Probation and Aftercare Service Department filed in court on 15/11/2024 as per this court’s further directions requesting for clarity on issues not captured properly in the earlier report.
I have perused the trial court file and I note that the offender was convicted and sentenced together with another on a charge of attempted stock theft contrary to section 278 as read with section 388 of the Penal Code (Cap. 63) Laws of Kenya that they attempted to steal stock of Kombe Genya Jefa.
Before sentence the prosecution informed the court that the offender had no previous records of conviction. The offender herein Nyamawi Nguta said in mitigation that he was a parent and was taking care of his family. he said he was a first offender and will not repeat.
The trial court did call for a pre-sentence report which indicated that he was not suitable for a non-custodial sentence as he lives a nomadic lifestyle and had no ties within the community. His employer however said that for the short period he had known him he was a reliable employee. He was sentenced to serve three (3) years imprisonment. He has been in custody for slightly over 1 year and 7 months of his sentence starting from the date of his arrest on 15/4/2023.
The sentence review report filed herein by Sammy Kigen, Probation Officer indicates that the offender is suitable for sentence review to community service. That his uncle who is the village chairman of Mwalukombe village is willing to accommodate him. He is repentant, pleads for forgiveness and says he has learnt his lesson and has reformed. He is willing to serve a non-custodial sentence.
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 Mwalukombe 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 Kwale this 20th 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 attempted stock theft contrary to section 278 as read with section 388 of the Penal Code (Cap. 63) Laws of Kenya that they attempted to steal stock of Kombe Genya Jefa.
Before sentence the prosecution informed the court that the offender had no previous records of conviction. The offender herein Nyamawi Nguta said in mitigation that he was a parent and was taking care of his family. he said he was a first offender and will not repeat.
The trial court did call for a pre-sentence report which indicated that he was not suitable for a non-custodial sentence as he lives a nomadic lifestyle and had no ties within the community. His employer however said that for the short period he had known him he was a reliable employee. He was sentenced to serve three (3) years imprisonment. He has been in custody for slightly over 1 year and 7 months of his sentence starting from the date of his arrest on 15/4/2023.
The sentence review report filed herein by Sammy Kigen, Probation Officer indicates that the offender is suitable for sentence review to community service. That his uncle who is the village chairman of Mwalukombe village is willing to accommodate him. He is repentant, pleads for forgiveness and says he has learnt his lesson and has reformed. He is willing to serve a non-custodial sentence.
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 Mwalukombe 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 Kwale this 20th day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities electronically to be given effect immediately.