[2020] KEHC 518 (KLR)
The court found that while the original sentence of 12 months imprisonment or a fine of KShs.30,000/- was lawful, the applicant was a first offender and had pleaded guilty. In the interest of prison decongestion and considering the absence of previous criminal records, the court exercised its discretion to set aside...
Source-derived case information.
- Citation
- [2020] KEHC 518 (KLR)
- Parties
- Applicant: Bentah Auma Ochido; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- sentence set aside and substituted with conditional discharge
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Manufacture of Alcohol Without Licence, First Offender, Conditional Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bentah Auma Ochido
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence of 12 months imprisonment or a fine of KShs.30,000/- for manufacturing alcoholic drinks without a licence was lawful and appropriate.
- 2 Whether the applicant, as a first offender, should benefit from a sentence review in the interest of prison decongestion.
Ratio Decidendi
The court found that while the original sentence of 12 months imprisonment or a fine of KShs.30,000/- was lawful, the applicant was a first offender and had pleaded guilty. In the interest of prison decongestion and considering the absence of previous criminal records, the court exercised its discretion to set aside the custodial sentence and substituted it with a conditional discharge. The applicant was ordered to be released from prison on condition that she does not reoffend within one year, failing which she would be rearrested and required to serve the original sentence.
Court Disposition
sentence set aside and substituted with conditional discharge
Orders
- The sentence of 12 months imprisonment or a fine of KShs.30,000/- is set aside.
- The applicant Bentah Auma Ochido is discharged from prison on condition that she does not reoffend for one year.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E024 OF 2020
BENTAH AUMA OCHIDO......................PETITIONER
VERSUS
STATE....................................................RESPONDENT
(Being an application of Revision of Sentence in Siaya PMCCRC EO59 of 2020 delivered on 21. 9.2020 by J. Ong’ondo – P.M.)
RULING
1. I have considered the application for Sentence Review of 12 months or a fine of KShs.30,000/- imposed on the Convict BENTAH AUMA OCHIDO for the conviction for manufacturing alcoholic drinks without a licence.
2. The sentence is lawful. The convict pleaded guilty and is a first offender as there were no past criminal records.
3. However, in the spirit of Prison decongestion, I hereby set aside the sentence imposed and substitute it with an Order that the Convict Bentah Auma Ochido shall be discharged from Prison on condition that she does not reoffend for the next one year in default she will be rearrested and send to prison to complete the sentence imposed.
4. Therefore, unless otherwise lawfully held, the Convict Bentah Auma Ochido is hereby set at liberty on the conditional discharge.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18th DAY OF DECEMBER, 2020
R.E. ABURILI
JUDGE