[2020] KEHC 7128 (KLR)
The court found that, although the applicant had only served two months of a seven-month sentence for stealing, the unique circumstances of the COVID-19 pandemic and the applicant's status as a first offender warranted the exercise of judicial discretion to suspend the remainder of the sentence. The court relied on...
Source-derived case information.
- Citation
- [2020] KEHC 7128 (KLR)
- Parties
- Applicant: Gordon Owuor Lamek; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 32 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; remainder of prison term suspended; applicant released with warning
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Plea of Guilty, Mitigation, First Offender, Covid19 Prison Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gordon Owuor Lamek
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of mitigation and prevailing circumstances.
- 2 Whether the remainder of the applicant's prison term should be suspended due to COVID-19 related restrictions.
Ratio Decidendi
The court found that, although the applicant had only served two months of a seven-month sentence for stealing, the unique circumstances of the COVID-19 pandemic and the applicant's status as a first offender warranted the exercise of judicial discretion to suspend the remainder of the sentence. The court relied on the report from the Officer Incharge of G.K. Prison Siaya, which indicated the applicant's generally good conduct, and considered the need to decongest prisons during the pandemic. The court thus ordered the applicant's release, warning him not to reoffend within six months or risk recommittal to complete the sentence.
Court Disposition
sentence revised; remainder of prison term suspended; applicant released with warning
Orders
- The remainder of the applicant's prison term is suspended.
- The applicant is ordered to be released from prison immediately.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 32 OF 2020
(CORAM: R. E. ABURILI - J.)
GORDON OWUOR LAMEK......................................................APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo
Criminal Case No. 46 of 2020 dated 21. 1.2020 before Hon. S. Mathenge, Resident Magistrate)
RULING
1. On 21/1/2020, the convict Gordon Owuor Lameck was convicted on his own plea of guilty for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code. He was sentenced to serve 7 months imprisonment. He was found guilty of stealing a school bag valued at Kshs. 1,500/=.
2. In his mitigation, he said that he would not repeat the offence. He is a first offender. No Probation report was called for and I am unable to call for the same owing to the fact that probation officers are unable to access prisons to interview the inmates due to the necessary restrictions brought about by the outbreak of the COVID-19 global pandemioc. However, the Officer Incharge G.K. Prison Siaya did submit a report to this court upon request, saying that the convict is generally good only that he is easily influenced.
3. For the above reason, albeit the convict has served only 2 months in prison of the 7 months imprisonment imposed on him, I exercise discretion and suspend the remainder of the prison term and order for the release of the convict from prison in a bid to decongest prison and warn the convict Gordon Owuor Lameknot to reoffend in the next six months or be recommitted to complete sentence.
4. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI
JUDGE