[2020] KEHC 7135 (KLR)
The court found that the original two-year sentence for stealing was lawful and lenient, considering the value of the stolen property and the applicant's guilty plea. However, given that the applicant was a first offender, had served about half of his sentence, and had shown willingness to compensate the...
Source-derived case information.
- Citation
- [2020] KEHC 7135 (KLR)
- Parties
- Applicant: John Wesonga Okwaro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 17 ‘A’ of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; remainder of prison term suspended
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, Plea of Guilty, Mitigation, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Wesonga Okwaro
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was lawful and appropriate.
- 2 Whether the applicant is eligible for a revision of sentence based on mitigation and time served.
- 3 Whether the remainder of the sentence should be suspended.
Ratio Decidendi
The court found that the original two-year sentence for stealing was lawful and lenient, considering the value of the stolen property and the applicant's guilty plea. However, given that the applicant was a first offender, had served about half of his sentence, and had shown willingness to compensate the complainant, the court determined that he had learned his lesson and could be reintegrated into the community. The court also considered the inability to obtain a social inquiry report due to COVID-19 restrictions but found no evidence of habitual criminality. Consequently, the court exercised its discretion to revise the sentence by setting aside the remaining prison term and...
Court Disposition
sentence revised; remainder of prison term suspended
Orders
- The two-year prison term imposed on the applicant is set aside.
- The remainder of the prison term is substituted with a suspended sentence of one year.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 17 ‘A’ OF 2020
(CORAM: R. E. ABURILI - J.)
JOHN WESONGA OKWARO..............................................APPLICANT
VERSUS
REPUBLIC...........................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya vide
Criminal Case No. 1180 of 2018 dated 13. 02. 2019 before Hon. J. Ong’ondo, Principal Magistrate)
RULING
1. I have considered the request for sentence revision by the prison authorities on behalf of the convict JOHN WESONGA OKWARO. The convict has served about one year and one month of the two years’ imprisonment meted out on him on 13/2/2019 upon conviction on his own plea of guilty for the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code.
2. The sentence imposed is lawful and lenient. The convict stole 22 chairs belonging to the Complainant. They are valued at Kshs. 19,500/=. He pleaded guilty and pleaded for leniency.
3. He is 39 years old and married to a widow whom he inherited. In his mitigation he indicated his willingness to compensate the complainant but the social inquiry report reveals that he does not have strong family ties and is a new in the area, claiming that he is an orphan.
4. He was a first offender. There is no evidence that he is a habitual criminal. He has served half of the 2 year prison term.
5. In my view, he has learnt some hard lessons. He can be given an opportunity to get back into the community and should he reoffend, the long arm of the law will catch up with him. This court was unable to obtain a social inquiry report on the convict as there are valid restrictions on accessing prisons by the probation officers to interview the inmates owing to the COVID-19 pandemic.
6. For the above reasons, I revise the sentence imposed on the convict John Wesonga Okwaro. I set it aside the two years prison term and substitute the remainder of the prison term of one year to suspended sentence.
7. The convict is warned not to commit any offence of whatever nature for the next 6 months from the date of release from prison. Should he breach this order, he shall be rearrested and send to prison to complete one year imprisonment.
8. Orders accordingly.
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE