Republic v Mutua [2025] KEHC 4793 (KLR)

Republic v Mutua (Criminal Revision E131 of 2025) [2025] KEHC 4793 (KLR) (14 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4793 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Revision E131 of 2025

RE Aburili, J

April 14, 2025

Between

Republic

Applicant

and

Kennedy Mutua

Accused

Ruling

1. On 19/11/2024 the convict Kennedy Mutua was sentenced to serve eight months imprisonment for the offence of malicious damage to property contrary to Section 339 of the Penal Code.

2. The property damaged was a techno phone valued at kshs 13,000/=.

3. He pleaded guilty to the charge.

4. The convict has substantially served the sentence imposed and is due for release on 29/4/2025.

5. He is said to be remorseful and married with children who entirely depend on him.

6. The probation officer’s sentence review report dated 11/4/2025 recommends non custodial sentence.

7. As the remainder of the prison term is a few days from today, I exercise discretion under the Community Order Service Act and order that the convict is discharged from prison unless otherwise lawfully held, Kennedy Mutua is hereby released from prison forthwith.

8. I so order.

9. This file is closed.

DATED, SIGNED AND DELIVERED AT MOMBASA THIS 14THDAY OF APRIL, 2025R. E. ABURILIJUDGE