[2019] KEHC 25 (KLR)
The court found that the sentence imposed on the applicant was lawful and lenient. However, in the exercise of judicial discretion and in consideration of the need to decongest prisons, the court ordered the conditional discharge of the applicant. The applicant is to remain of good behaviour for six months, failing...
Source-derived case information.
- Citation
- [2019] KEHC 25 (KLR)
- Parties
- Applicant: Alex Ouma Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 101 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- conditional discharge granted; original sentence revised.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Alcoholic Drinks Control, Conditional Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Ouma Odongo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for selling alcoholic drinks in plastic bottles was lawful and appropriate.
- 2 Whether the court should exercise its discretion to revise the sentence to decongest prison.
Ratio Decidendi
The court found that the sentence imposed on the applicant was lawful and lenient. However, in the exercise of judicial discretion and in consideration of the need to decongest prisons, the court ordered the conditional discharge of the applicant. The applicant is to remain of good behaviour for six months, failing which he will be required to serve the remainder of the original sentence. This approach balances the interests of justice, deterrence, and public policy objectives regarding prison congestion.
Court Disposition
conditional discharge granted; original sentence revised.
Orders
- The applicant Alex Ouma Odongo is conditionally discharged for 6 months on condition of not committing any offence within that period.
- In the event of breach, the applicant shall be returned to prison to complete the original term imposed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 101 OF 2019
ALEX OUMA ODONGO.................................................................APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 937 of 2019
at SiayaPrincipal Magistrate’s Court, delivered on 1. 10. 2019)
RULING
1. The convict is serving 6 months imprisonment for the offence if selling alcoholic drinks in plastic bottles contrary Section 3(2) of the Alcoholic Drinks Control Act No. 4/2020 in Siaya PM Cr. Case No. 937/2019. He was fined Kshs. 30,000/= and in default, to serve 6 months imprisonment.
2. The convict has served at least 2 months of the 6 months imprisonment. The sentence is lawful and lenient.
3. I however exercise judicial discretion to decongest the prison and order that the convict Alex Ouma Odongo shall be conditionally discharged not convict any offence in the next 6 months breach of which he shall be send back to prison to complete the term imposed.
4. Orders accordingly.
Dated, signed and delivered at Siaya this 20th day of December 2019
R.E. ABURILI
JUDGE