[2020] KEHC 7111 (KLR)
The court found that the applicant, having served approximately 7.5 months of a 12-month sentence for stealing, was a first offender, had demonstrated remorse, and maintained good conduct in prison. In the context of the COVID-19 pandemic and the need to decongest prisons, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2020] KEHC 7111 (KLR)
- Parties
- Applicant: Dominic Otieno Akal; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 33 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; remainder of prison term suspended; applicant released on condition of non-reoffending for 6 months
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, First Offender, Prison Decongestion, Covid19 Implications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Otieno Akal
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant, a first offender, should be revised in light of his remorse, good conduct, and the need to decongest prisons during the COVID-19 pandemic.
Ratio Decidendi
The court found that the applicant, having served approximately 7.5 months of a 12-month sentence for stealing, was a first offender, had demonstrated remorse, and maintained good conduct in prison. In the context of the COVID-19 pandemic and the need to decongest prisons, the court exercised its discretion to suspend the remainder of the sentence. The applicant was ordered to be released on condition that he does not reoffend within the next six months. The absence of a probation report was justified by the pandemic-related restrictions, and the prison's positive report on the applicant's conduct was deemed sufficient for the court's determination.
Court Disposition
sentence revised; remainder of prison term suspended; applicant released on condition of non-reoffending for 6 months
Orders
- The remainder of the applicant's prison term is suspended.
- The applicant, Dominic Otieno Akal, is 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 REVISION NO. 33 OF 2020
(CORAM: R. E. ABURILI - J.)
DOMINIC OTIENO AKAL.....APPLICANT
VERSUS
REPUBLIC.............................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 529 of 2019 dated 6. 8.2019 before Hon. E.N. Wasike, Senior Resident Magistrate)
RULING
1. On 7/8/2019, the convict herein Dominic Otieno Akal was convicted on his own plea of guilty for the offence of stealing contrary to Section 275 of the Penal Code.
2. He was sentenced to serve 12 months imprisonment. He mitigated saying he was remorseful and that he has dependants.
3. No Probation report was called for. He is a first offender. I am unable to call for the Probation Report as probation officers are unable to access the inmates due to COVID-19 global pamndemic.
4. However, the Prisons Department have availed a report on the convict’s general conduct which is said to be good and that he is a remorseful first offender.
5. For the above reasons and as the convict has served about 7½ of the 12 months imprisonment and in view of the need to decongest prisons at this moment in time, I hereby exercise discretion and suspend the remainder of the prison term and order for the release of the convict Dominic Otieno Akal from prison on condition that he shall not reoffend in the next 6 months.
6. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI
JUDGE