[2018] KEHC 2236 (KLR)
The court determined that the applicant, having served a substantial portion of his short custodial sentence and being due for release in four months, was an appropriate candidate for sentence revision under the prison decongestion program. Despite the absence of a probation report, the court exercised its...
Source-derived case information.
- Citation
- [2018] KEHC 2236 (KLR)
- Parties
- Applicant: Edwin Oduor Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 57 of 2018
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Prison Decongestion, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Oduor Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the applicant is eligible for sentence revision under the prison decongestion program.
- 2 Whether the remaining sentence can be substituted with a community service order.
Ratio Decidendi
The court determined that the applicant, having served a substantial portion of his short custodial sentence and being due for release in four months, was an appropriate candidate for sentence revision under the prison decongestion program. Despite the absence of a probation report, the court exercised its discretion to substitute the remainder of the custodial sentence with a community service order, to be served under supervision, in accordance with statutory provisions and the objectives of decongesting prisons. The court found this approach to be just and in line with the law, given the circumstances and the nature of the offence.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant Edwin Oduor Ochieng shall be released forthwith from jail.
- The applicant shall serve community service for thirty days at Ukwala SRM’s Court under the supervision of the Siaya County Probation Officer.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 57 OF 2018
(CORAM: R. E. ABURILI - J.)
EDWIN ODUOR OCHIENG.............................APPLICANT
VERSUS
REPUBLIC......................................................RESPONDENT
(Being an appeal against the sentence dated 20. 12. 2016 in Criminal Case No. 502 of 2016 in Ukwala Law Court before Hon. G. Adhiambo - SRM)
JUDGMENT
The Convict Edwin Oduor Ochiengwas convicted vide SRM’s Court at Ukwala Cr. Case No. 502 of 2016 with the offence of Housebreaking and Stealing and handling stolen goods contrary toSection 304(1)(B) and 279(A)(B) of the Penal Code.
He was sentenced to serve prison term of 2 years on 20/10/2016 and is due to complete sentence on 19/12/2018. His case comes for revision of sentence as part of prison decongestion.
The matter is before court for prison decongestion consideration for sentence revision.
The County Probation Officer was requested vide email dated 23/3/2018 to prepare sentence review report and file in court but to date no such report has been filed. The sentence meted out on the convict is short term. He can benefit from jail decongestion programe for the remainder of the prison term which is about four months.
Accordingly, I order that the convict Edwin Oduor Ochieng shall be released forthwith from jail to serve Community Service for the period of thirty days at Ukwala SRM’s Court under the supervision of the Siaya County Probation Officer. He is expected to adhere to the Probation terms as stipulated in law.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE