[2016] KEHC 8462 (KLR)
The court found that the applicant, having been in custody for six years (including four years in remand) and sentenced to five years imprisonment for manslaughter following a plea bargain, had served a sufficient sentence. The court exercised its revisionary jurisdiction to set aside the remaining custodial...
Source-derived case information.
- Citation
- [2016] KEHC 8462 (KLR)
- Parties
- Applicant: Charles Olwenyi Ang’awa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 177 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application allowed; applicant released
- Legal Topics
- Manslaughter, Sentence Revision, Plea Bargain, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Olwenyi Ang’awa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of his sentence for manslaughter.
- 2 Whether the period spent in remand should be considered in determining sufficiency of sentence.
- 3 Whether the applicant should be released unconditionally or on a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, having been in custody for six years (including four years in remand) and sentenced to five years imprisonment for manslaughter following a plea bargain, had served a sufficient sentence. The court exercised its revisionary jurisdiction to set aside the remaining custodial sentence, considering the applicant's inability to afford bond, the period already served, and the State's concession. The court ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
application allowed; applicant released
Orders
- The order that the applicant serves five years imprisonment is set aside.
- The applicant is hereby forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 177 OF 2016
CHARLES OLWENYI ANG’AWA.............APPLICANT
VERSUS
REPUBLIC............................................RESPONDENT
RULING
The Applicant came to this court invoking its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code for purposes of revising his sentence. He was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged that on 11st May, 2010 at Waruku in Nairobi within Nairobi Area Province murdered Byron Owino Onyango. The appellant was however convicted for the offence of manslaughter contrary to Section 202 of the Penal Code after the State and the Applicant negotiated a plea bargain. He was sentenced on 23rd October, 2014 to serve five years imprisonment.
In this application, he asks the court to release him unconditionally or on non-custodial sentence as he has already served sufficient sentence. In addition, while in prison, he has learnt a lot of life support skills such as counseling, business management and painting which would assist him once he left the prison. He also urged the court to consider that he was in remand for four years before the sentence was passed. The State through the learned state Counsel Ms. Akuja did not oppose the application on ground that the Applicant had served sufficient sentence.
I have considered the application itself and the circumstances surrounding the case. This was a clear case of manslaughter. The Applicant went to the deceased’s house and demanded that the deceased pays his debt. A quarrel between the two erupted. The Applicant severally stubbed the deceased. The noise by the two attracted neighbors who rushed to the scene. They found the house locked from inside. To avoid being arrested, the Applicant set the house ablaze so that he could commit suicide. He was however arrested. A post mortem revealed that the deceased died of stab wounds.
The Applicant first appeared in court on 11th June, 2010. As at date, he has been in custody for six years. Although he was granted bond, the same was too high for him to afford. No doubt he has served sufficient sentence. I allow the application. I set aside the order that he serves five years imprisonment and substitute it with an order that he be and is hereby forthwith set free unless otherwise lawfully held.
DATED and DELIVERED this 21st day of December,2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Applicant in person
2. …………………………….……………for the Respondent.