[2016] KEHC 7814 (KLR)
The court found that the Applicant's plea of guilty was properly recorded and unequivocal, referencing the standard set in Adan –vs- Republic [1973] EA 445. However, upon reviewing the sentence in light of the quantity of alcoholic drink found in the Applicant's possession, the court determined that the custodial...
Source-derived case information.
- Citation
- [2016] KEHC 7814 (KLR)
- Parties
- Applicant: James Obaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 121 of 2016
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant released
- Judges
- LK Kimaru
- Legal Topics
- Plea of Guilty, Sentencing, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Obaga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the plea of guilty entered by the Applicant was unequivocal.
- 2 Whether the sentence imposed on the Applicant was harsh and excessive.
Ratio Decidendi
The court found that the Applicant's plea of guilty was properly recorded and unequivocal, referencing the standard set in Adan –vs- Republic [1973] EA 445. However, upon reviewing the sentence in light of the quantity of alcoholic drink found in the Applicant's possession, the court determined that the custodial sentence imposed was harsh and excessive. Exercising its revisionary jurisdiction, the court set aside the original sentence and substituted it with a sentence commensurate with the period already served, ordering the Applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; applicant released
Orders
- The custodial sentence imposed on the Applicant is set aside and substituted with a sentence commuted to the period already served.
- The Applicant is ordered to be set at liberty forthwith and released from prison unless otherwise lawfully held.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.121 OF 2016
JAMES OBAGA...........................................APPLICANT
VERSUS
REPUBLIC………………...................RESPONDENT
RULING
I have considered the grounds put forward by the Applicant in this case. The Applicant pleaded guilty to the charge. No persuasive reason has been advanced by the Applicant to convince this court that the plea of guilty that was recorded by the trial magistrate was not unequivocal (SeeAdan –vs- Republic [1973] EA 445).
On sentence, the Applicant is on firmer ground. Taking into consideration the amount of alcoholic drink that was found in the Applicant’s possession, this court is of the view that the sentence that was meted on the Applicant was harsh and excessive. In the premises therefore, that sentence is set aside and substituted by a sentence of this court commuting the Applicant’s custodial sentence to the period already served. He is ordered set at liberty forthwith and released from prison unless otherwise lawfully held. It is so ordered.
DATED AT NAIROBI THIS 15TH DAY OF JUNE 2016L. KIMARU
JUDGE