[2022] KEHC 1880 (KLR)
The court found that the applicants, being first offenders, had already served a sufficient period in custody to serve as a deterrent and to allow them to learn from their actions. The judge exercised discretion under Sections 362 and 364 of the Criminal Procedure Act to revise the sentence, ordering the applicants'...
Source-derived case information.
- Citation
- [2022] KEHC 1880 (KLR)
- Parties
- Applicant: Charles Juma Ouma; Applicant: Silas Ochola Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E117 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicants released from custody and to serve remainder of term under probation unless lawfully held for another offence.
- Legal Topics
- Wildlife Offences, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Juma Ouma
Applicant
Silas Ochola Okello
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicants' continued imprisonment for the offence of undertaking extractive activity in a national park without a permit is justified.
- 2 Whether the period already served in custody by the applicants is sufficient punishment considering they are first offenders.
Ratio Decidendi
The court found that the applicants, being first offenders, had already served a sufficient period in custody to serve as a deterrent and to allow them to learn from their actions. The judge exercised discretion under Sections 362 and 364 of the Criminal Procedure Act to revise the sentence, ordering the applicants' release from custody and directing that the remainder of their sentence be served under probation, unless they were lawfully held for another offence.
Court Disposition
sentence revised; applicants released from custody and to serve remainder of term under probation unless lawfully held for another offence.
Orders
- Applicants set free from custody unless lawfully held for a separate offence.
- Applicants to serve the remainder of the term under probation as guided by the relevant probation officer.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL REVISION NO. E117 OF 2022
CHARLES JUMA OUMA
SILAS OCHOLA OKELLO..................................APPLICANTS
VERSUS
REPUBLIC...........................................................PROSECUTOR
RULING
1. The applicants were charged with the offence of entering protected area without permit Contrary to Section 102 (1) (a) as read with section 105 (1) of the Wildlife Actas well as undertaking extractive activity in a national park without a permit or any other lawful exemption Contrary to Section 102 (1) (g) of the said Act.
2. The applicants were convicted and sentenced to a fine of kshs.5000 each and in default to serve two months’ imprisonment under count one and a fine of kshs. 40,000each under count two and in default 6 months’ imprisonment.
3. The applicants from the record seemed to have already served the term in respect to count one and are now serving count two.
4. I note that they were first offenders and the period they have served in my view in custody is sufficient to have made them learn valuable lessons not to engage in crime.
5. In the premises and guided by Section 362 and 364 of the Criminal Procedure Act, I hereby set them free from custody unless lawfully held for a separate offence and order that they shall serve the remainder of the term under probation as shall be guided by the relevant probation officer.
Dated signed and delivered via video link this 3rd day of March 2022.
H K CHEMITEI.
JUDGE.