[2020] KEHC 7083 (KLR)
The court found that the applicants pleaded guilty to the offence of stock theft, expressed remorse, and are first offenders. The sentence imposed by the trial court—eight months imprisonment or a fine of Kshs. 20,000—was lawful and lenient. However, considering the positive conduct reports from the prison...
Source-derived case information.
- Citation
- [2020] KEHC 7083 (KLR)
- Parties
- Applicant: Fredrick Onyango Agoro; Applicant: Benard Ekasem Roney; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 50 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicants released on suspended sentence with conditions
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stock Theft, Mitigation, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Onyango Agoro
Applicant
Benard Ekasem Roney
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicants for the offence of stock theft was lawful and appropriate.
- 2 Whether the applicants are entitled to a revision of their sentence based on their guilty plea, remorse, first offender status, and positive conduct reports.
Ratio Decidendi
The court found that the applicants pleaded guilty to the offence of stock theft, expressed remorse, and are first offenders. The sentence imposed by the trial court—eight months imprisonment or a fine of Kshs. 20,000—was lawful and lenient. However, considering the positive conduct reports from the prison authorities, the applicants' remorse, and the restrictions on prison visitations due to the COVID-19 pandemic, the court exercised its discretion to revise the sentence. The court ordered the applicants' release from prison to serve the remainder of their sentence on a suspended basis, conditional upon good behavior for twelve months and regular reporting to designated police stations....
Court Disposition
sentence revised; applicants released on suspended sentence with conditions
Orders
- The applicants Fredrick Onyango Agoro and Benard Ekasem Roney shall be released from prison to serve the remainder of their prison terms on suspended sentence, conditional upon not reoffending for twelve months from the date of release.
- Upon release, the applicants must report to the nearest police station every first Friday of each month until completion of the suspended sentence, with reporting endorsed by the police.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA A
T SIAYA
CRIMINAL REVISION NO. 50 OF 2020
(CORAM: R. E. ABURILI - J.)
FREDRICK ONYANGO AGORO....................................1ST APPLICANT
BENARD EKASEM RONEY............................................2ND APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
(Being an Application for Revision of sentence vide Criminal Case No. 43 of 2020
in the Senior Resident Magistrate’s Court, Ukwala dated 25. 2.2020
before Hon. C.N. Sindani, SRM)
RULING
1. The convicted prisoners in this request for sentence revision are Fredrick Onyango Agoro and Bernard Ekasem Roney. They were jointly charged, convicted and sentenced to pay a fine of Kshs. 20,000/= each and in default, to serve eight (8) months imprisonment for the offence of stealing stock contrary to Section 278 of the Penal Code.
2. The convicts pleaded guilty to the charge. The Plea from the trial court record was unequivocal.
3. In mitigation, the convicts sought for forgiveness saying they were sorry hence they were sentenced after mitigation. They are also first offenders.
4. The Prisons Officer In charge has send reports dated 29/3/2020 on the character, conduct and discipline of the prisoners which reports are positive. I would have ordered for social inquiry report but for the justifiable restrictions on visitations in prisons to interview prisoners and the prisons authorities, restrictions occasioned by the outbreak of the COVID-19 global pandemic which is threatening to wipe out humanity.
5. For the above reasons, and as the convicts pleaded guilty, are remorseful and are of good character, are first offenders and have served about one month of the 8 months imprisonment which is lawful and extremely lenient sentence, I exercise discretion and order that the convicts Fredrick Onyango Agoro and Bernard Ekasem Roney shall be released from prison to service the remainder of their prison terms on suspended sentence on condition that they shall not reoffend for the next twelve (12) months of the date of release in breach of which they shall be recommitted in prison to complete sentence.
6. In addition, the convicts are ordered, upon their release, to report to the nearest police station, and their reporting to be endorsed by the police stations every first Friday of each month until they complete the suspended sentence.
7. The 1st convict Fredrick Onyango Agoro to be reporting to the OCS Sega Police Station whereas the 2nd convict Benard Ekasem Roney to be reporting to the OCS Amukura Police Station.
8. Orders accordingly.
Dated, signed and Delivered at Siaya this 30th Day of March, 2020.
R.E. ABURILI
JUDGE