[2019] KEHC 34 (KLR)
The court found that while the sentence of three months imprisonment for assault causing bodily harm was lawful and lenient, the applicant could have benefited from a non-custodial sentence due to prison congestion. Exercising judicial discretion, the court revised the remainder of the prison term and substituted it...
Source-derived case information.
- Citation
- [2019] KEHC 34 (KLR)
- Parties
- Applicant: Ismael Omondi Ongundo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 106 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; conditional discharge substituted for remainder of prison term
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Assault Bodily Harm, Penal Code Section 251, Conditional Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ismael Omondi Ongundo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing bodily harm was appropriate and lawful.
- 2 Whether the applicant should benefit from an alternative to imprisonment due to prison congestion.
Ratio Decidendi
The court found that while the sentence of three months imprisonment for assault causing bodily harm was lawful and lenient, the applicant could have benefited from a non-custodial sentence due to prison congestion. Exercising judicial discretion, the court revised the remainder of the prison term and substituted it with a conditional discharge under Section 35 of the Penal Code, ordering the applicant not to commit any offence within the next six months, failing which he would serve the remainder of the original sentence.
Court Disposition
sentence revised; conditional discharge substituted for remainder of prison term
Orders
- The remainder of the applicant's prison term is revised and substituted with a conditional discharge under Section 35 of the Penal Code.
- The applicant is ordered not to commit any offence in the next 6 months, breach of which he shall be returned to prison to complete the original sentence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 106 OF 2019
ISMAEL OMONDI ONGUNDO......APPLICANT
VERSUS
REPUBLIC.....................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 905 of 2019 at Bondo Principal Magistrate’s Court, delivered on 8. 11. 2019)
RULING
1. The convict Ismael Omondi Ogundo was sentenced to serve 3 months imprisonment on 8/11/2019 for the offence of assault causing bodily harm contrary to Section 251 of the Penal Code. This was after he pleaded guilty to the charge, which plea was unequivocal.
2. The sentence is lenient and lawful. The applicant has so far served nearly one month and a half (1 month and 12 days).
3. The convict could however have benefited from an alternative to the short prison term, due to congestion experienced in prisons.
4. Accordingly, I exercise judicial discretion and revise the remainder of the prison term and substitute it with a conditional discharge under Section 35 of the Penal Code and order the convict not to commit any offence in the next 6 months breach of which he shall be returned to prison to complete prison term.
5. File closed.
6. Orders accordingly.
Dated, signed and delivered at Siaya this 20th Day of December 2019
R.E. ABURILI
JUDGE