[2018] KEHC 3969 (KLR)
The court found no irregularity, illegality, incorrectness, or impropriety in the proceedings, finding, sentence, or order of the subordinate court to warrant revision under the Criminal Procedure Code. However, considering the applicant's deteriorating medical condition, as evidenced by medical reports and the...
Source-derived case information.
- Citation
- [2018] KEHC 3969 (KLR)
- Parties
- Applicant: Daniel Omondi Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 84 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence varied; applicant released unless otherwise lawfully held
- Judges
- TW Cherere
- Legal Topics
- Sentencing Revision, Health Conditions in Sentencing, Powers of High Court, Criminal Procedure Code, Imprisonment in Default of Fine
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Omondi Okello
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there was any irregularity, illegality, incorrectness or impropriety in the proceedings, finding, sentence or order of the subordinate court to warrant revision.
- 2 Whether the applicant's medical condition justifies a revision of the sentence imposed.
Ratio Decidendi
The court found no irregularity, illegality, incorrectness, or impropriety in the proceedings, finding, sentence, or order of the subordinate court to warrant revision under the Criminal Procedure Code. However, considering the applicant's deteriorating medical condition, as evidenced by medical reports and the financial burden on the prison institution, the court exercised its discretion to substitute the original sentence of a fine of Kshs. 30,000 or one year imprisonment in default with a sentence for the period already served. The applicant was ordered to be released unless otherwise lawfully held.
Court Disposition
sentence varied; applicant released unless otherwise lawfully held
Orders
- The fine of Kshs. 30,000 or imprisonment term of 1 year in default is substituted with sentence for the period served.
- Unless otherwise lawfully held, the applicant shall forthwith be set at liberty.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CRIMINAL REVISION NO. 84 OF 2018
(From original sentence in Criminal Case No. 559 of 2015 in Principal Magistrate's Court at Maseno passed by Hon. R.S. Kipng’eno(SRM) on 15. 1.18)
DANIEL OMONDI OKELLO..............APPLICANT
V E R S U S
REPUBLIC.........................................RESPONDENT
RULING
1. The applicant was on 15. 1.18 fined Kshs. 30,000/- or an imprisonment term of 1 year in default thereof for the offence attempted arson contrary to section 333(b) of the Penal Code.
2. This revision is brought by way of the a letter dated 11. 5.18 by Officer in charge Kisumu Medium Prison who states that the applicant has been bleeding from his month since the date of his committal to the institution as a result of which the institution is incurring a huge medical bill. Attached to the letter is a medical reports dated 25. 1.18, 7. 5.18 and 8. 5.18 confirming the applicant’s condition.
3. The powers of the High court in revision cases are contained in Section 362 through to 366 of the Criminal Procedure Code (cap.75). Section 362 specifically provides as follows:-
“362. The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court”.
4. I have perused the record of the Lower court. It has not been demonstrated that there is any irregularity, illegality, incorrectness or impropriety of the proceedings, finding, sentence or order passed by the subordinate court to warrant a revision.
5. The foregoing notwithstanding, I have considered the applicant’s medical condition and I hereby substitute the fine of Kshs. 30,000/- or an imprisonment term of 1 year in default thereof with sentence for the period served. Unless otherwise lawfully held, the applicant shall forthwith be set at liberty. It is so ordered.
DATED AND DELIVERED THIS 25thDAY OF September, 2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicant -N/A
For the State -Muia