[2014] KEHC 5082 (KLR)
The court found that the sentence of seven months imprisonment imposed on the applicant was amenable to revision. Upon consideration of the circumstances and the readiness of the probation report, the court determined that the interests of justice would be better served by altering the custodial sentence to a...
Source-derived case information.
- Citation
- [2014] KEHC 5082 (KLR)
- Parties
- Applicant: Salim Shaban Bakari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 16 of 2014
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence revised; applicant placed on probation; applicant discharged from prison
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Revision, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Shaban Bakari
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence of seven months imprisonment should be revised.
- 2 Whether the applicant is eligible for probation placement.
Ratio Decidendi
The court found that the sentence of seven months imprisonment imposed on the applicant was amenable to revision. Upon consideration of the circumstances and the readiness of the probation report, the court determined that the interests of justice would be better served by altering the custodial sentence to a non-custodial one. The applicant was thus placed on probation for six months and ordered to be discharged from prison, unless otherwise lawfully held, to serve the probation placement.
Court Disposition
sentence revised; applicant placed on probation; applicant discharged from prison
Orders
- The sentence of seven months imprisonment is revised and altered to six months probation placement.
- Applicant to be discharged from prison and set at liberty unless otherwise lawfully held, to serve the probation placement.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 16 OF 2014
( From Original Conviction and Sentence in Criminal Case Number 12 of 2014 in the Chief Magistrate's Court at Mombasa - Hon. J. Kamau - RM)
SALIM SHABAN BAKARI......…..........................................….. APPLICANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
16/5/2014
Before Hon. Justice M. Muya
Court clerk Musundi
Ayodo for the State
Ayodo: The report is ready
COURT
The Sentence of seven (7) months Imprisonment is hereby revised and altered to that of six (6) months probation placement.
Applicant to be discharged from prison. By reason of the foregoing he will be set at liberty unless otherwise lawfully held so as to serve the probation placement.
…....................
M. MUYA
JUDGE
16TH MAY, 2014