[2019] KEHC 11766 (KLR)
The court found that although the original custodial sentence was lawful and lenient, the convict's status as a first offender, his remorse, positive probation report, and community standing justified a revision of sentence. The court exercised its discretion to substitute the prison term with a non-custodial...
Source-derived case information.
- Citation
- [2019] KEHC 11766 (KLR)
- Parties
- Appellant: Emmanuel Oduor Ahaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 47 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Possession of Uncustomed Goods, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Oduor Ahaya
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the custodial sentence imposed on the convict for possession of uncustomed goods should be revised to a non-custodial sentence.
- 2 Whether the convict's personal circumstances and probation report justify a revision of sentence.
Ratio Decidendi
The court found that although the original custodial sentence was lawful and lenient, the convict's status as a first offender, his remorse, positive probation report, and community standing justified a revision of sentence. The court exercised its discretion to substitute the prison term with a non-custodial sentence of community service, holding that the interests of justice and rehabilitation would be better served by allowing the convict to serve unpaid community service under supervision for nine months.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The convict Emmanuel Oduor Ahaya shall serve unpaid Community Service at Siaya Police Station under direct supervision of the O.C.S. Siaya Police Station for a period of 9 months from the date of his release.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL DIVISION
SIAYA CR. REV. NO. 47 OF 2019.
EMMANUEL ODUOR AHAYA..........................................APPELLANT
VERSUS
REPUBLIC..........................................................................RESPONDENT
(Being an application for Revision of sentence dated 20. 8.2019 in Criminal Case No. 780 of 2019 in Siaya Law Court before Hon. J. Ongondo – PM).
RULING
1. The Convict Emmanuel Oduor Ahaya was on 20. 8.2019 convicted of the offence of possessing uncustomed goods. He pleaded guilty and was sentenced to serve 2 years imprisonment and the goods which included sugar valued at KShs.23,000/= was forfeited to the State by Hon J. Ongondo, P.M. at Siaya vide Siaya P.M.Cr. Case No. 730/2019.
2. He has not appealed. He applies for revision of his sentence.
3. A Probation Officer’s Report dated 18. 9.2019 and filed on 24. 9.2019 shows that the convict was a Pastor in good standing at Ndere. He is respected in the Community and is a businessman.
4. He does not use alcohol nor abuse drugs.
5. He has dependants, a wife, children and his mother who is widowed and siblings. He is 35 years old.
6. He takes responsibility for offence and is remorseful.
7. The Probation Officer recommends Probation for one year.
8. Having considered the application for sentence for sentence revision, which sentence was lawful and lenient, and having fully appreciated the Probation Report and the Convict’s antecedents I am satisfied that the Convict can benefit from non-custodial sentence. He is a first offender.
9. I hereby revise his Prison sentence and order that the Convict Emmanuel Oduol Ahaya shall serve unpaid Community Service at Siaya Police Station under direct supervision of the O.C.S. Siaya Police Station for a period of 9 months from the date of his release.
10. File closed.
DATED AT SIAYA THIS 26 DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R. E. ABURILI
JUDGE