(ORIGINATING FROM CRIMINAL CASE NUMBER E251 OF 2024 IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT SHANZU (HON. LEAH JUMA [P.M]
- The Applicant was charged in the company of another and convicted on his plea of guilty for the offence of House breaking contrary to Section 304(1)(a) of the Penal Code and sentenced to serve 1-year imprisonment on 20th March, 2024.
- A sentence review report dated 1st October, 2024 by Elizabeth Masika indicated that the Applicant was 23 years old; he was the sole breadwinner with parental responsibilities. He had expressed remorse for his actions by taking accountability for his actions. He prayed for a second chance through a non – custodial sentence and promised to change his deviant behavior moving forward. According to the officer the Applicant had a strong support system from his mother, father and his wife who were receptive of him and promised to help him through reintegration, empowerment and psychosocial support. His father indicated that he had secured the Applicant a chance for him to work as a cleaner at Kenya Ports Authority. The officer recommended a non – custodial sentence of Community Service Order at Majaoni Chief’s Office
- I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment. I set aside the sentence by the trial court and substitute the same with the time spent in custody and a non-custodial sentence OF community at Majaoni Chief’s office for 3 months.
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