[2019] KEHC 3824 (KLR)
The court found that the applicant's sentence for manslaughter was lawful and already lenient. The applicant had served 8 years and was eligible for remission in the near future, subject to good conduct. However, the probation report established that releasing the applicant would expose him to grave danger from the...
Source-derived case information.
- Citation
- [2019] KEHC 3824 (KLR)
- Parties
- Applicant: Charles Onyango Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 293 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Manslaughter, Remission of Sentence, Prisoner Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Onyango Okoth
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence for manslaughter should be revised in light of time served and prevailing circumstances.
- 2 Whether the applicant's release would pose a risk to his safety due to threats from the victim's family.
Ratio Decidendi
The court found that the applicant's sentence for manslaughter was lawful and already lenient. The applicant had served 8 years and was eligible for remission in the near future, subject to good conduct. However, the probation report established that releasing the applicant would expose him to grave danger from the victim's family, who had threatened revenge and previously burned his home, rendering his family homeless. The court determined that the risk to the applicant's life outweighed any humanitarian grounds for early release. Accordingly, the court declined to revise the sentence, emphasizing that the law must be upheld and that the applicant should complete his sentence in prison,...
Court Disposition
application for sentence revision dismissed
Orders
- The application for sentence revision is dismissed.
- The convict shall complete his sentence in prison.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SIAYA CR. REV. NO. 293 OF 2018
CHARLES ONYANGO OKOTH ………………..………………. APPLICANT
VERSUS
REPUBLIC …………………………………………………… RESPONDENT
(Being an application for Revision of sentence in UKwala PMCRC No. 192 of 2010 dated 3. 2.2011).
RULING
1. I have considered the application for sentence revision filed on 13. 12. 2018. The Probation report was filed on 21. 1.2019 but the file was never availed for consideration.
2. The Applicant/Convict was sentenced to serve 15 years imprisonment for the offence of manslaughter. He is said to be aged 65 years old. He was sentenced on 3. 2.2011. He has been in prison for 8 years and has learnt upholstery. He was a carpenter.
3. The Convict’s family is willing to receive him but the Victim’s family who are neighbours with the convict threatened to revenge for the life of their deceased relative. The quarrel was over a boundary dispute.
4. The community claim that the deceased was the aggressor as he crossed into the convict’s land.
5. The convict’s home was set ablaze after the death of the deceased (victim) and after the arrest of the convict.
6. The convict’s wife and 4 children were rendered homeless so they left the home, for fear of being attacked by the deceased’s family and their whereabouts are unknown.
7. The Probation Officer was categorical that the home environment for the inmate was risky and not conducive for the convict. His life was in grave danger out there, despite his age.
8. I observe that the Applicant/Convict might be released on remission subject to his good conduct, discipline and Industry, on 3. 2.2021 which is not far away.
9. Rather than release him to be lynched by the deceased’s family, I decline to revise his lawful sentence which was lenient.
10. Let the convict complete his sentence in Prison and seek protection from the deceased’s family who are not above the Law as no two wrongs can make a right and especially after the convict serving prison sentence as by law established.
11. The application for sentence Revision is hereby dismissed.
12. The file is closed.
DATED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R.E. ABURILI
JUDGE