KOMBO MWAKODZA KODZA v REPUBLIC [2010] KEHC 584 (KLR)

REPUBLICOFKENYA

IN THE HIGH COURT OFKENYA

ATMOMBASA

CRIMINAL REVISION NO. 115 OF 2010

[Arising from Criminal Case No. 2394 of 2010 of the Chief Magistrate’s Court atMombasa:M.K. Mwangi – S.R.M.)

KOMBO MWAKODZA KODZA ……………… APPLICANT

VERSUS

REPUBLIC ……...........……............……… RESPONDENT

RULING

The Accused KOMBO MWAKODZA KODZA had on 9th August 2010 been arraigned before the lower court on a charge of TAKING PART IN A RIOT CONTRARY TO SECTION 80 OF THE PENAL CODE. The accused pleaded guilty to the charge and after conviction was sentenced to a fine of Kshs.20,000/- in default to serve six (6) months imprisonment. By his  letter dated 30th September 2010 the Headteacher of the CONCORDIA PRIMARY SCHOOL asks for a review of this sentence as the accused who is a pupil in the said school is registered to sit K.C.P.E. Exams vide Index Number 106323/78. Whilst the proceedings in the lower court were proper and procedural I do feel that in view of the fact that the accused is due to sit his K.C.P.E. Exam in November 2010 the sentence merits a review. This is to allow him a chance to complete his primary education which he cannot do whilst in prison. He has already spent 3 months behind bars which in my view is punishment enough. For this reason alone I do quash the sentence imposed by the trial court and substitute it with a term of time served. The accused to be set at liberty forthwith unless he is otherwise lawfully held.

Dated and Delivered atMombasathis 28th day of October 2010.

M. ODERO

JUDGE