[2023] KEHC 25704 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence, taking into account her advanced age, the absence of objection from the prosecution, and the broader policy objective of decongesting prisons. The applicant had not appealed her conviction or sentence but sought a review based on her...
Source-derived case information.
- Citation
- [2023] KEHC 25704 (KLR)
- Parties
- Applicant: Pamela Achieng Oindo alias Syprosa Amolo Achieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E117 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; applicant released from prison to serve six months probation.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Fraud Offences, Obtaining by False Pretences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Achieng Oindo alias Syprosa Amolo Achieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of her age and the circumstances of the offence.
- 2 Whether the applicant qualifies for a non-custodial sentence to aid prison decongestion.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence, taking into account her advanced age, the absence of objection from the prosecution, and the broader policy objective of decongesting prisons. The applicant had not appealed her conviction or sentence but sought a review based on her personal circumstances, including her age and the role of her deceased co-accused. The court found these factors sufficient to warrant substituting the remaining custodial sentence with a non-custodial sentence of probation for six months from the date of release.
Court Disposition
Sentence revised; applicant released from prison to serve six months probation.
Orders
- The convict Pamela Achieng Oindo shall be released from prison to serve probation for a period of six months from the date of release.
- This file is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Achieng v Republic (Criminal Revision E117 of 2023) [2023] KEHC 25704 (KLR) (21 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25704 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E117 of 2023
RE Aburili, J
November 21, 2023
Between
Pamela Achieng Oindo alias Syprosa Amolo Achieng
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. E1003 of 2021 at Winam)
Ruling
1. I have considered the request by the Prison authorities to consider this case for prison decongestion received and filed on September 29, 2023.
2. I have examined the convict who did not appeal against conviction and sentence of 5 years imprisonment for various offences related to fraud and obtaining money by false pretences.
3. I have also considered her old age of close to 72 years as she says that she was born in 1951 and the fact that the prosecution does not object to review of the sentence imposed on her.
4. I have also considered her plea that her nephew co-accused and who committed suicide before judgment was delivered in the criminal matter is the one who lured her into the crime scene for his own benefit.
5. The convict has been in prison since her conviction and sentence on July 3, 2023. She was on bond.
6. I hereby exercise discretion in the spirit of prison decongestion and order that the convict Pamela Achieng Oindo shall be released from prison to serve probation for a period of six (6) months from the date of release.
7. I so order.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE