[2022] KEHC 16211 (KLR)
The court found that, although sentencing is within the discretion of the trial court, the offence in question was not serious and the sentence of a fine of Kshs 100,000 or 12 months imprisonment in default was excessive. Exercising its supervisory jurisdiction under Article 165 of the Constitution and sections 362...
Source-derived case information.
- Citation
- [2022] KEHC 16211 (KLR)
- Parties
- Applicant: Hussein Hamisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E264 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence reviewed and reduced to period served; applicant to be released unless otherwise lawfully held
- Judges
- JN Onyiego
- Legal Topics
- Sentencing Review, Supervisory Jurisdiction, Alcoholic Drinks Control, Excessive Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Hamisi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive in the circumstances.
- 2 Whether the High Court should exercise its supervisory jurisdiction to review the sentence.
Ratio Decidendi
The court found that, although sentencing is within the discretion of the trial court, the offence in question was not serious and the sentence of a fine of Kshs 100,000 or 12 months imprisonment in default was excessive. Exercising its supervisory jurisdiction under Article 165 of the Constitution and sections 362 and 364 of the Criminal Procedure Code, the High Court reviewed and reduced the sentence to the period already served, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence reviewed and reduced to period served; applicant to be released unless otherwise lawfully held
Orders
- The sentence is reviewed and reduced to the period served.
- Applicant to be set free forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Hamisi v Republic (Criminal Revision E264 of 2022) [2022] KEHC 16211 (KLR) (8 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16211 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E264 of 2022
JN Onyiego, J
December 8, 2022
Between
Hussein Hamisi
Applicant
and
Republic
Respondent
(From original conviction and sentence in Criminal Case No. E781 of 2021 of the Principal Magistrate’s Court at Wundanyi)
Ruling
1. The applicant was charged with the offence of producing alcoholic drinks without a licence contrary to section 7(1) (c) as read with section 53(1) of the Taita Taveta County Alcoholic Drinks Control and Licensing Act, 2016. He was convicted and sentenced on June 2, 2022 to a fine of Kshs 100,000/= in default serve 12 months imprisonment.
2. He has now approached this court through chamber summons filed on August 1, 2022 seeking review of the sentence. This court’s authority has been summoned pursuant to article 165 (6) and (7) of theConstitution and sections 362 and 364 of the CPC which empowers the High Court to exercise supervisory jurisdiction over subordinate courts.
3. Although sentencing is a discretionary factor bestowed upon the trial court, this court has powers to intervene where the same is excessive.
4. Taking into account the nature of the offence herein which is not serious, I find the sentence meted out to be excessive.
5. Accordingly the same is reviewed and reduced to the period served. Applicant to be set free forthwith unless otherwise lawfully held.
6. Right of appeal 14 days.
DATED SIGNED AND DELIVERED IN OPEN COURT THIS 8TH DAY OF DECEMBER, 2022. HON J ONYIEGOJUDGE