[2019] KEHC 11909 (KLR)
The court found that the applicant had shown genuine remorse, withdrawn his appeal on moral grounds, and made significant efforts towards personal development and rehabilitation while in prison. The positive recommendation from the prison chaplaincy confirmed his exemplary conduct and readiness for reintegration...
Source-derived case information.
- Citation
- [2019] KEHC 11909 (KLR)
- Parties
- Appellant: Dickson Omuka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 68 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Application for sentence revision allowed; sentence revised to period already served.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Unnatural Offence, Penal Code Section 162a, Rehabilitation of Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Omuka
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence based on demonstrated rehabilitation and positive conduct in prison.
- 2 Whether the period already served in prison is sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the applicant had shown genuine remorse, withdrawn his appeal on moral grounds, and made significant efforts towards personal development and rehabilitation while in prison. The positive recommendation from the prison chaplaincy confirmed his exemplary conduct and readiness for reintegration into society. The court held that the purpose of imprisonment includes rehabilitation, and that the applicant had served a substantial portion of his sentence and demonstrated that he had been reformed. Accordingly, the court exercised its discretion to revise the sentence to the period already served, finding this to be sufficient punishment under the circumstances.
Court Disposition
Application for sentence revision allowed; sentence revised to period already served.
Orders
- The convict Dickson Omuka Ndistswa shall serve the period already served in prison.
- Unless otherwise lawfully held, the convict is ordered to be released from prison forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL DIVISION
CRIMINAL REVISION NO. 68 OF 2019
DICKSON OMUKA...............................APPELLANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an application for Revision of Sentence in BondoPMCCR (S.O.) Case No. 7 of 2017 dated 3. 2.2017).
RULING ON SENTENCE REVISION
1. I have considered the Convict/Applicant’s application filed in Court on 14. 10. 2019 for Sentence Revision.
2. I have also considered the positive recommendation from Siaya G.K. Prison chaplaincy to the effect that the Convict is fully reformed having served 2 years of the 5 years imprisonment imposed on 3. 2.2017, for committing on unnatural offence contrary section 162(a) of the Penal Code.
3. The applicant pleaded guilty to the charge and in his mitigation he prayed for leniency. He was aged about 19 years old. He is remorseful and even after filing an appeal vide HCRA 25/2017, he withdrew the said appeal because his conscience pricked him to live with the truth. While in prison, he sat for KCPE and passed very well in 2017. He has learnt carpentry and joinery while in prison and he has also been trained in Biblical Studies and is said “to be a role model and exemplary to fellow inmates.”This is as per the recommendation letter from the Siaya G.K Prison Chaplaincy filed on 14th October, 209 together with the Revision application herein. It is signed by Daniel Odhiambo Onyango, the Chaplain.
4. Prison is meant to help rehabilitate offenders. The Convict herein Dickson Omuka Ndistswa has demonstrated that time heals and that being in prison is not wasteful. It is not a death knell to one’s dream.
5. For the foregoing reasons, I am persuaded that the applicant convict deserves an opportunity to leave prison and be reintegrated back into Society. He has served his prison sentence substantially.
6. I allow his application for sentence revision and order that the convict Dickson Omuka Ndistswa shall serve the period already served in prison.
7. Therefore, unless otherwise lawfully held, the Convict Dickson Omukais hereby ordered to be released from prison forthwith.
Dated, Signed and Delivered at Siaya this 29th day of October, 2019.
R.E. ABURILI
JUDGE