[2018] KEHC 9824 (KLR)

[2018] KEHC 9824 (KLR)

The court found that although the offence of demanding money by menaces carries a maximum penalty of ten years, the Applicant's status as a first offender and his demonstrated remorse, coupled with the fact that he had already served one year and nine months in custody, constituted sufficient punishment. The court...

Source-derived case information.

Citation
[2018] KEHC 9824 (KLR)
Parties
Applicant: Gabriel Omondi Odhiambo; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision 839 of 2018
Procedural Posture
Criminal Revision / Ruling
Outcome
Application for revision allowed; remainder of sentence set aside; Applicant to be released unless otherwise lawfully held.
Legal Topics
Sentencing Principles, Remission of Sentence
Source Language
en
Criminal Law Sentencing Principles Remission of Sentence

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Parties

Gabriel Omondi Odhiambo

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the period already served by the Applicant is sufficient punishment for the offence of demanding money by menaces.
  2. 2 Whether the remainder of the sentence should be set aside given the Applicant's status as a first offender and his remorse.

Ratio Decidendi

The court found that although the offence of demanding money by menaces carries a maximum penalty of ten years, the Applicant's status as a first offender and his demonstrated remorse, coupled with the fact that he had already served one year and nine months in custody, constituted sufficient punishment. The court exercised its discretion to set aside the remainder of the sentence and ordered the Applicant's immediate release unless otherwise lawfully held.

Court Disposition

Application for revision allowed; remainder of sentence set aside; Applicant to be released unless otherwise lawfully held.

Orders

  • The remainder of the Applicant's sentence is set aside.
  • The Applicant shall be forthwith set free unless otherwise lawfully held.