[2024] KEHC 10616 (KLR)
The court found that the applicant, Damaris Achieng, had substantially served her custodial sentence for the offences of creating disturbance and malicious damage to property. In the context of ongoing efforts to decongest prisons, and in the absence of any lawful reason to continue her incarceration, the court...
Source-derived case information.
- Citation
- [2024] KEHC 10616 (KLR)
- Parties
- Applicant: Damaris Achieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E133 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Prison Decongestion, Suspension of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Damaris Achieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a suspension of the unserved portion of her prison sentence in light of substantial service and prison decongestion policy.
Ratio Decidendi
The court found that the applicant, Damaris Achieng, had substantially served her custodial sentence for the offences of creating disturbance and malicious damage to property. In the context of ongoing efforts to decongest prisons, and in the absence of any lawful reason to continue her incarceration, the court exercised its discretion to suspend the unserved portion of her sentence for 30 days. The court further ordered her immediate release unless otherwise lawfully held, emphasizing the importance of balancing punitive objectives with pragmatic considerations of prison management and rehabilitation.
Court Disposition
application allowed
Orders
- The unserved portion of the applicant's prison term is suspended for 30 days.
- Unless otherwise lawfully held, the applicant is to be set at liberty forthwith.
Full Case Text
Judgment text and source record
22 paragraphs
Achieng v Republic (Criminal Revision E133 of 2024) [2024] KEHC 10616 (KLR) (12 June 2024) (Ruling)
Neutral citation: [2024] KEHC 10616 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E133 of 2024
RE Aburili, J
June 12, 2024
Between
Damaris Achieng
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Case No. E385 of 2024)
Ruling
1. On 28th May 2024, the convict Damaris Achieng was sentenced to a cumulative fine of Kshs.15,000 in default to serve 9 months imprisonment on two counts of creating disturbance in a manner likely to cause breach of the peace and malicious damage to property. This was vide Winam SPM Criminal Case No. E385 of 2024.
2. She is serving prison terms which run concurrently and due for release on 28th September 2024.
3. As the she has substantially served the prison term imposed, I hereby order that in the spirit of prison decongestion, the prison term unserved is suspended for 30 days.
4. Unless otherwise lawfully held, the convict Damaris Achieng is hereby set at liberty forthwith.
5. Signal to issue forthwith.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF JUNE, 2024R. E. ABURILIJUDGE