[2018] KEHC 2167 (KLR)
The court found that the appellant had complied with the previous orders by tendering both oral and written apologies and was willing to pay the ordered compensation. The Probation Officer's Report was positive, and there were strong mitigating factors, including the short custodial sentence and the appellant's...
Source-derived case information.
- Citation
- [2018] KEHC 2167 (KLR)
- Parties
- Appellant: Joash Ochieng Ongayo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Revision Case 148 of 2018
- Procedural Posture
- Criminal Appeal / Sentence Review Ruling
- Outcome
- Custodial sentence set aside and substituted with probation; compensation order affirmed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Probation Orders, Mitigating Factors
- 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
Joash Ochieng Ongayo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Sentence Review Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the appellant should be set aside in favour of a non-custodial sentence.
- 2 Whether the appellant has complied with the court's previous orders regarding apology and compensation to the complainants.
Ratio Decidendi
The court found that the appellant had complied with the previous orders by tendering both oral and written apologies and was willing to pay the ordered compensation. The Probation Officer's Report was positive, and there were strong mitigating factors, including the short custodial sentence and the appellant's efforts at reconciliation. Despite the complainant's refusal to accept the apology, the court determined that the interests of justice would be served by setting aside the custodial sentence and substituting it with a probation order. The appellant was therefore ordered to serve the remainder of his sentence on probation under the supervision of the Siaya County Probation Officer,...
Court Disposition
Custodial sentence set aside and substituted with probation; compensation order affirmed.
Orders
- The custodial sentence imposed on the appellant is set aside.
- The appellant shall serve the remainder of his sentence on probation under the supervision of the Siaya County Probation Officer.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. REV. NO. 148 OF 2018
(CORAM: R. E. ABURILI - J.)
JOASH OCHIENG ONGAYO............................APPELLANT
VERSUS
REPUBLIC........................................................RESPONDENT
(Being an Appeal against the Conviction and Sentence dated 08. 08. 2018 in Criminal Case No. 304 of 2017 at Siaya Law Courts)
And
(A Subsequent Ruling that was made on 26. 09. 2018 at Siaya High Court before Hon. Lady Justice R.E. Aburili, Judge)
RULING
1. This court did on 26/9/2018 make a ruling wherein it ordered the convict to tender in a written and oral apology to the complainants and that he undertakes to pay the complainants Kshs. 20,000/= to cater for their medical treatment to be paid within 3 months.
2. The convict has tendered an oral and written apology and the court has attempted medication and reconciliation to no avail as the Complainant Philister who came to court is unwilling to accept any apology.
3. There is on record a Probation Officer’s Report which is positive of the convict I have no reason why I should not accord the convict a chance to serve a non-custodial sentence in sentence review as the sentence he is serving is short to wit, 18months imprisonment, owing to the strong mitigating factors on record. Accordingly, I reiterate my earlier ruling and set aside the custodial sentence imposed on him and substitute it with an order that he shall serve the remainder of his sentence on probation under the supervision of Siaya County Probation Officer. The Kshs. 20,000/= earlier ordered shall be paid to both complainants receiving Kshs. 10,000/= within the next three months.
Orders accordingly.
Dated, Signed and Delivered at SIAYA this 6th Day of November 2018.
R.E. ABURILI
JUDGE