[2020] KEHC 7154 (KLR)
The court found that the applicant, a first offender convicted of stealing Kshs. 28,000 from his employer and sentenced to 20 months imprisonment, had already served seven months and exhibited positive conduct in prison. In the context of the COVID-19 pandemic and the need to decongest prisons, and in the absence of...
Source-derived case information.
- Citation
- [2020] KEHC 7154 (KLR)
- Parties
- Applicant: Dickens Omondi Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 28 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; remainder of prison term suspended; applicant released with warning
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Stealing Offence, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickens Omondi Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing was appropriate in the circumstances.
- 2 Whether the remainder of the applicant's prison term should be suspended in light of positive conduct and the need for prison decongestion.
Ratio Decidendi
The court found that the applicant, a first offender convicted of stealing Kshs. 28,000 from his employer and sentenced to 20 months imprisonment, had already served seven months and exhibited positive conduct in prison. In the context of the COVID-19 pandemic and the need to decongest prisons, and in the absence of aggravating factors or negative conduct, the court exercised its discretion to suspend the remainder of the sentence. The applicant was ordered released from prison to serve the remainder of the sentence as a suspended sentence, with a warning not to reoffend within six months, failing which he would be recommitted to complete the sentence.
Court Disposition
sentence revised; remainder of prison term suspended; applicant released with warning
Orders
- The remainder of the applicant's prison term is suspended.
- The applicant Dickens Omondi Onyango is released from prison unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 28 OF 2020
(CORAM: R. E. ABURILI - J.)
DICKENS OMONDI ONYANGO......APPLICANT
VERSUS
REPUBLIC.......................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 545 of 2020 dated 13. 8.2019 before Hon. E.N. Wasike, Senior Resident Magistrate)
RULING
1. The convict DICKENS OMONDI ONYANGO was sentenced to serve 20 months imprisonment for the offence of stealing contrary toSection 268 as read with Section 275 of the Penal Code. This was after pleading guilty to the charge. From the facts, he stole from his employer who had entrusted him with MPESA business. The value of stolen property is Kshs. 28,000/-. He is a first offender and had no mitigations.
2. No probation report was called for. I am unable to call for the same as the probation officers cannot access prisons to interview the inmates owing to the COVID-19 pandemic and management restrictions which are necessary.
3. Nonetheless, upon request by this court, the Officer in charge prisons, Siaya G.K Prison has availed a general conduct report on the convict, which is positive.
4. Having considered the above circumstances, and as the convict has been in prison from 13/8/2019 which is now seven months, and in the spirit of prison decongestion, I exercise discretion and suspend the remainder of the prison term and order for the release of the convict Dickens Omondi Onyango with a warning not to reoffend in the next six months in default to be recommitted to complete sentence. Therefore unless otherwise lawfully held, the convict Dickens Omondi Onyango is hereby released from prison to serve suspended sentence of the remainder term.
5. Orders accordingly.
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE