Mwanza v Republic [2023] KEHC 26966 (KLR)

Mwanza v Republic (Miscellaneous Criminal Application E188 of 2023) [2023] KEHC 26966 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26966 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E188 of 2023

A. Ong’injo, J

December 14, 2023

Between

Ali Abdallah Mwanza

Applicant

and

Republic

Respondent

Ruling

1. Ali Abdalla Mwanza seeks that he be allowed to serve a remainder of his term of 2 years on probation.

2. He was sentenced to serve 40 years jail term but the court of appeal reduced it to 20 years to commence from the date of conviction.

3. In consideration that the applicant was in remand custody during trial and in consideration of the Sentence Review Report, he is eligible to be considered for the same.

4. The applicant will serve the remaining 2 years on probation supervision.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 14TH DAY OF DECEMBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE