[2020] KEHC 5318 (KLR)
The court found that while the original sentence of two years' imprisonment for burglary and stealing was lawful and lenient, the applicant had already served a substantial period in custody—ten months on remand and eleven months post-conviction. The applicant's remorse, positive conduct in prison, and the favorable...
Source-derived case information.
- Citation
- [2020] KEHC 5318 (KLR)
- Parties
- Applicant: Joseph Adeka Otwala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 53 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised to period already served; applicant set at liberty unless otherwise lawfully held
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary and Stealing, Mitigation, Penal Code Section 304, Penal Code Section 279b
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Adeka Otwala
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 entitled to a revision of sentence based on time served, mitigation, and character report.
Ratio Decidendi
The court found that while the original sentence of two years' imprisonment for burglary and stealing was lawful and lenient, the applicant had already served a substantial period in custody—ten months on remand and eleven months post-conviction. The applicant's remorse, positive conduct in prison, and the favorable character report from the prison authorities indicated that he had learned from his incarceration and was fit to reintegrate into society. In the interest of justice and to decongest prisons, the court exercised its discretion to revise the sentence to the period already served, thereby ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised to period already served; applicant set at liberty unless otherwise lawfully held
Orders
- The sentence imposed on the applicant is revised to the period already served.
- The applicant Joseph Adeka Otwala is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 53 OF 2020
JOSEPH ADEKA OTWALA..................APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
(Being an Application for revision of sentence against sentence vide Criminal
Case No. 951 of 2018 in the Principal Magistrate’s Court, Bondo dated 13. 8.2019)
RULING
1. I have considered the Application for sentence review/revision filed on 30/4/2020 and mitigation therein.
2. I have also considered the character report in respect of the convict Joseph Adeka Otwala, filed by Officer In charge of Siaya G.K. Prisons Mr. Joseph Mwalo SSP.
3. The convict is said to be serving 2 years imprisonment for the offence of Burglary and stealing contrary to Section 304 and 279(b) of the Penal Code. He is 34 years and married with 5 children all under the age of 15 years. He is a peasant farmer and mason. He was convicted on 30/7/2019.
4. In his mitigation he states that he was in custody for 10 months prior to being convicted and sentenced. He is remorseful and is said to be disciplined in prison, and responsible in pastoral religious duties to his fellow inmates.
5. Further, the Officer In charge of Prisons states that the convict can fit back in to society if he continues the same way as he has learnt lessons in custody.
6. Having considered all the above, I am satisfied that the sentence imposed on the convict is lawful and lenient.
7. However, as the convict has been in prison for close to two years, eleven months serving sentence and ten months in remand awaiting his trial, and with the positive character report filed by Officer In charge G.K. Prisons, Siaya, I am satisfied that the convict Joseph Adeka Otwala can benefit from sentence revision to decongest prison.
8. I revise the lawful sentence imposed to the period already served.
9. Unless otherwise lawfully held, the convict Joseph Adeka Otwala is hereby set at liberty.
10. Orders accordingly.
Dated, signed and Delivered at Siaya, this 5th Day of June, 2020.
R.E. ABURILI
JUDGE