1. This matter comes before this court for review of sentence under Article 50(2)(q) and Article 165(6) and (7) of the Constitution of Kenya, the Probation of Offenders Act (Cap. 64) Laws of Kenya, section 3(1) of the Community Service Orders Act (Cap. 93) Laws of Kenya and pursuant to the Directions by the Honourable the Chief Justice in Her Memo dated 19/8/2024 on decongestion of prisons.
2. The offender Rashid Musa Mwakiru was convicted and sentenced by the Magistrate’s Court at Kwale on 26/9/2022 on the principal charge of stealing contrary to section 268(1) as read with section 275 of the Penal Code (Cap. 63) Laws of Kenya. He was also charged in the alternative with handling suspected stolen property contrary to section 322(1) as read with section 322(2) of the Penal Code. A summary of the facts is that he stole a Subwoofer radio valued at KShs 6,800/= the property of Said Suleiman Mwatagamtu which he was later found with.
3. He was placed on probation for one year.
4. Consequently, there is no sentence review for this matter and the file is hereby closed.
5. Orders accordingly.
Ruling, Dated and Delivered at Kwale this 18th day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities to be given effect immediately.
2. The offender Rashid Musa Mwakiru was convicted and sentenced by the Magistrate’s Court at Kwale on 26/9/2022 on the principal charge of stealing contrary to section 268(1) as read with section 275 of the Penal Code (Cap. 63) Laws of Kenya. He was also charged in the alternative with handling suspected stolen property contrary to section 322(1) as read with section 322(2) of the Penal Code. A summary of the facts is that he stole a Subwoofer radio valued at KShs 6,800/= the property of Said Suleiman Mwatagamtu which he was later found with.
3. He was placed on probation for one year.
4. Consequently, there is no sentence review for this matter and the file is hereby closed.
5. Orders accordingly.
Ruling, Dated and Delivered at Kwale this 18th day of November, 2024.
ANDAYI W. F.
JUDGE
Ruling transmitted to prison authorities to be given effect immediately.