[2020] KEHC 7118 (KLR)
The court found that the applicant, having pleaded guilty, being a first offender, and having demonstrated positive conduct in prison, deserved leniency. The absence of a probation report was excused due to COVID-19 restrictions, but a positive conduct report from the prison was considered. The court exercised its...
Source-derived case information.
- Citation
- [2020] KEHC 7118 (KLR)
- Parties
- Applicant: Ibrahim Otieno Ochola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 29 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; remainder of sentence suspended; applicant released from prison with conditions
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Revision of Sentence, Stealing Offence, Mitigation, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Otieno Ochola
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing should be revised.
- 2 Whether the applicant's mitigation and conduct in prison justify suspension of the remainder of the sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty, being a first offender, and having demonstrated positive conduct in prison, deserved leniency. The absence of a probation report was excused due to COVID-19 restrictions, but a positive conduct report from the prison was considered. The court exercised its discretion to suspend the remainder of the applicant's sentence in the interest of prison decongestion and in recognition of the applicant's mitigation and partial recovery of stolen property. The applicant was released with a warning not to reoffend within six months, failing which he would serve the remainder of his sentence.
Court Disposition
sentence revised; remainder of sentence suspended; applicant released from prison with conditions
Orders
- The remainder of the applicant's prison sentence is suspended.
- The applicant, Ibrahim Otieno Ochola, is to be released from prison unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 29 OF 2020
(CORAM: R. E. ABURILI - J.)
IBRAHIM OTIENO OCHOLA.............................................APPLICANT
VERSUS
REPUBLIC...........................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 332 of 2019 dated 4. 6.2019 before Hon. E.N. Wasike, Senior Resident Magistrate)
RULING
1. The convict Ibrahim Otieno Ochola was sentenced to serve 18 months imprisonment for the offence of stealing contrary to Section 275 of the Penal Code.
2. He pleaded guilty to the charge. The complainant was his employer. He is a first offender and in mitigation he pleaded for leniency, wanted to settle with the complainant and had children depending on him.
3. No probation report was called for prior to sentencing. I am unable to call for one owing to COVID -19 global pandemic as the probation officers are unable to interview inmates. Nonetheless, upon request by this court, the Officer Incharge G.K Prison has availed a general conduct and character report on the convict while he is in prison, which report is positive. The convict has now served 9 months of the 18 months imprisonment meted. Some of the stolen property was recovered and the complainant withdrew the complaint against the 2nd accused.
4. In the spirit of prison decongestion, I hereby exercise judicial discretion and suspend the remainder of the prison sentence and order for the release of the convict Ibrahim Otieno Ochola from prison. He is warned not to reoffend for the next six months breach of which he will be recommitted to complete prison sentence. Therefore, unless otherwise lawfully held, Ibrahim Otieno Ochola is hereby released from prison.
5. Orders accordingly
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE