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…A social inquiry report was provided by Probation After Care Services through collaboration between the Probation After Care Services Mombasa where the appellant hails from, and Makueni the jurisdiction within which the offence…

…Probation After Care Services recommended: That the appellant is suitable for non-custodial sentence and he may be placed on Probation Orders for a period the honourable court deems fit, our office contacted the Probation…

…The Probation Officer filed a Pre-sentence report dated 6 th October 2025 which I have carefully considered.…

…The Appellant shall, during the said period be required to actively participate in the maintenance and welfare of the child under the supervision of the Probation Department.…

…Lechipan, Probation Officer on 9/7/2025 following this court’s request for the same indicates that the appellant is suitable for a non-custodial sentence and recommends that he be committed to probation. 7.…

…Consequently, the appellant’s remainder term of imprisonment is reviewed to a non-custodial sentence and place him on probation for a period of two years as recommended.…

…The Applicant was aggregable to perform unpaid community work for any period or supervision on probation order in the remaining three years of his sentence.…

…The officer recommended for the Applicant to be placed for 3 years’ probation sentence under supervision of the Mombasa County Probation Office.…

…The probation report also revealed that the appellant was a relative to the complainant. 37.…

…It is trite that probation reports are not binding on the court as they merely act as a guide.…

…The remainder of the sentence is revised to 16 months’ probation supervision. During this period she will abide by the probation order and shall not commit any other offence.…

…Should she commit any other offence the probation order will lapse and she will serve the sentence in prison custody. A Probation Order to issue accordingly Dated, Signed and Delivered in open court on 23rd April 2024…

…The state has conceded to probation sentence and i agree that from the circumstances of the case this is a matter fit for probation. 4.…

…I proceed to re-sentence accused for the remainder of the sentence to 12 months probation .…

…Counsel further submitted that the court had ordered on 30 th June 2026 that a Probation Officers Report be filed.…

…I have also considered the probation officer's report.…

…He is asking the court to reduce his sentence downwards and/ offer a probational sentence or a of community service order. 3. He invokes Section 3 (2) of the Community Service Order Act. 4.…

…In sentencing a probation report was requested and the court noted that the same was not favourable and the appellant was given a custodial sentence of two (2) years. 16.…

…That the learned magistrate misdirected himself in law and fact by failing to appreciate the seriousness of the offence committed and sentencing the respondent to serve Two (2) years’ probation and a compensation of Kshs.…

…I therefore set aside the two-year probation order and sentenced the respondent, Lilian Chebet Kipnus, to serve five (5) years' imprisonment from the date of the trial court's sentence.…

…sentences up to 3 years imprisonment and in light of mitigating factors stipulated in Sentencing Guidlines 2016, the Appellant may be considered for non-custodial sentence the remaining half through Community Service and or Probation…

…The balance of the sentence may be served through Community Service Order subject to a report by the Probation Officer and the Prison facility on the accused progress on rehabilitation. 4.…

…accused persons, on how he paid the claimed money, and the probation officer never testified in court to support the report.…

…The probation officer noted in his report that the appellant was paid Kshs 50,000 by the relatives of the respondents as compensation for the expenses incurred during treatment.…

…The learned counsel revealed further that this court ordered for a probation officer report.…

…He contended that the in the strength of the probation report this court declined to allow the Application for review. He thus contended that the Appeal lacked merit and urged the same to be dismissed.…

…Despite these glaring gaps, the Trial Court convicted the Appellant on 16th September, 2024 and sentenced him to serve one year on probation. Grounds of Appeal and Reliefs Sought 5.…

…The conviction and the sentence of 1-year probation passed on 16th and 23rd September 2024 respectively are HEREBY QUASHED AND SET ASIDE. 3.…

…He prayed to be allowed to serve probation sentence for the remaining period of imprisonment. ANALYSIS AND DETERMINATION 7.…

…I called for social inquiry report to assist this court determine whether the appellant should be allowed to serve the remaining period of imprisonment under probation.…

…Further that the probation officer’s report prepared on 9th October 2023 only captured the sentiments of the complainant who is a sister to the appellant but did not take views of the siblings and parents in order to come…

…The prosecution during the hearing of this appeal called for a probation report which was filed on the 15th April, 2014.…

…Judge be pleased to award a non-custodial sentence and the young man be placed under the supervision of a probation officer, since his mother died recently. 3.…

…The Appellant faults the trial court for imposing a custodial term without calling for a pre-sentence or probation report, and for placing undue weight on the prevalence of the offence over individualized sentencing.…

…The remainder of the jail term as at 20.1.2025 to be served on probation supervision. The remainder as at 20.1.25 to be calculated by Prison Authorities and communicated to the Probation and After Care for processing.…

…Following the conviction, the trial court, upon receipt of a probation report, sentenced the Appellant to a non-custodial sentence of probation for a period of one year. 2.…

…The Appellant was sentenced to probation for a period of one year. That sentence, being dependent on the conviction, cannot be sustained.…