[2019] KEHC 4801 (KLR)
The court found that the sentence imposed by the trial court—two months imprisonment or a fine of Kshs. 5,000 for carrying excess passengers—was neither illegal nor improper. The probation report indicated the applicant could not raise the fine, but the court held that the short custodial sentence was insufficient...
Source-derived case information.
- Citation
- [2019] KEHC 4801 (KLR)
- Parties
- Applicant: Joseph Ochieng Adit; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 24 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Public Transport Offences, Excess Passengers, Custodial Vs Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ochieng Adit
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence imposed by the trial court for carrying excess passengers should be revised.
- 2 Whether there are compelling reasons to substitute the custodial sentence with a non-custodial sentence.
Ratio Decidendi
The court found that the sentence imposed by the trial court—two months imprisonment or a fine of Kshs. 5,000 for carrying excess passengers—was neither illegal nor improper. The probation report indicated the applicant could not raise the fine, but the court held that the short custodial sentence was insufficient for rehabilitation and that there were no compelling reasons to substitute it with a non-custodial sentence. Consequently, the application for revision was declined, and the original sentence was upheld.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- The convict to serve the 2 months in prison or pay the fine as imposed by the trial court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 24 OF 2019
(CORAM: HON. R.E. ABURILI - J)
JOSEPH OCHIENG ADIT...................................................APPLICANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
(An Application seeking Revision of Sentence from Ruling delivered at Ukwala Law Court on 10/6/2019 vide Criminal Case 109 of 2019 before Hon. C.I. Agutu, SRM)
RULING
1. I have considered the application for Sentence Review.
2. The Convict Joseph Ochieng Adit was sentenced to serve 2 months in prison or to pay a fine of Kshs. 5,000/= for the offence of carrying excess passengers in a public transport service vehicle.
3. The Probation Officer’s Report filed on 24/7/2019 is to the effect that he cannot raise a fine.
4. The sentence is too short to even rehabilitate the offender who is likely to commit the same offence upon release. There are no compelling reasons for this court to consider non-custodial sentence.
5. I decline revision application and dismiss it. The convict to serve the 2 months in prison or pay the fine as imposed by the trial court.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 29th Day of July 2019.
R.E. ABURILI
JUDGE