(ORIGINATING FROM CRIMINAL CASE NUMBER E450 OF 2023 IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (HON. OMIDO J.M. [S.P.M])
- The Applicant was charged and convicted on his plea of guilty for the offence of Kidnapping with an intent to confine contrary to Section 259 of the Penal Code and sentenced to serve 5-year imprisonment on 12th July, 2023.
- A sentence review report dated 22nd March, 2024 by Josiah Asande indicated that Applicant showed remorse for his actions and had expressed his wish for a second chance. However, the cousin with whom he had planned to put up with has relocated to Nairobi. This is complicating his compliance to the non – custodial sentence effectively. In addition, exploring community service options in Eldoret, his home, presents challenges due to existence of a strained and hostile relationship with his brother. The lack of family support further complicates his ability to comply with a non-custodial sentence.
- It was the recommendation of the officer that in light of the above being his findings, Applicant’s compliance with a non – custodial sentence may be hindered due to a lack of support from the family. He also lacked a fixed abode in Mombasa and was unwelcomed in Eldoret in their home. Reintegration at the moment would be difficult.
- I have considered the Sentence Review Report I find that the Applicant is to serve his sentence to completion in custody. Application for review of sentence is therefore denied.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS ……28th.…………DAY OF ………………November………..…….., 2024
……………………………………………………..
HON. LADY JUSTICE W. M. KAGENDO
(JUDGE)
HIGH COURT OF KENYA AT MOMBASA
(CRIMINAL DIVISION)
In the presence of:
M/s. Bebora, Court Assistant;
……………Ms. Maina……………State Counsel;
………………………………………….…Applicant