[2022] KEHC 12801 (KLR)
The court found that the applicant, having pleaded guilty and served about four months of the six-month sentence, was not shown to be a habitual offender. The absence of a Probation Report and lack of evidence of recidivism justified a revision of the sentence. The court exercised its discretion to release the...
Source-derived case information.
- Citation
- [2022] KEHC 12801 (KLR)
- Parties
- Applicant: Clare Wesonga Atieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E013 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released on suspended sentence for remainder of term
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Conviction and Sentence, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clare Wesonga Atieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive or warranted revision.
- 2 Whether the applicant should be released on a suspended sentence given the circumstances.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and served about four months of the six-month sentence, was not shown to be a habitual offender. The absence of a Probation Report and lack of evidence of recidivism justified a revision of the sentence. The court exercised its discretion to release the applicant on a suspended sentence for the remainder of the term, conditional upon not reoffending within twelve months from the date of release. This approach balanced the punitive and rehabilitative aspects of sentencing, considering the applicant's circumstances and the interests of justice.
Court Disposition
sentence revised; applicant released on suspended sentence for remainder of term
Orders
- The applicant Clare Wesonga Atieno shall be released from prison forthwith on suspended sentence of the remainder of the prison term.
- The applicant shall not reoffend for the next twelve months from the date of release.
Full Case Text
Judgment text and source record
24 paragraphs
Atieno v Republic (Criminal Revision E013 of 2022) [2022] KEHC 12801 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12801 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E013 of 2022
RE Aburili, J
August 8, 2022
Between
Clare Wesonga Atieno
Applicant
and
Republic
Respondent
(Application for revision of sentence, arising from conviction and sentence in Ukwala PM’s Court in Criminal Case No E032/2022 on 29/3/2022 by Hon L N Sarapai Principal Magistrate)
Ruling
1. The convict Clare Wesonga Atieno was convicted and sentenced on March 29, 2022 to serve 6 months imprisonment on each of the 2 counts of manufacturing of alcoholic drinks without a licence contrary to section 32(1)(a) as read with section 32(8) of the Alcoholic Drinks Control Act and being in possession of alcoholic drinks for sale without a licence contrary to section 7(1)(5) as read with section 62 of the Alcoholic Drinks Control Act.
2. She pleaded guilty to the offence before Hon L N Sarapai, Principal Magistrate at Ukwala Law Courts and after mitigation, she was sentenced to pay a fine of Kshs 30,000/= on count one and Shs 20,000/= on count 2 in default, to serve 6 months imprisonment. Sentences to run concurrently.
3. The convict has now served about 4 months imprisonment.
4. The Probation Report on sentence review has not been filed.
5. There is no evidence that the convict was a habitual offender.
6. I order that the convict Clare Wesonga Atieno shall be released from prison forthwith on suspended sentence of the remainder of the prison term and shall not reoffend for the next twelve months from the date of release.
7. I so order.
8. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R E ABURILIJUDGE