[2020] KEHC 7123 (KLR)
The court found that the applicant, having served a significant portion of his sentence for assault causing actual bodily harm and being a first offender with positive conduct in prison, merited a revision of sentence. The inability to conduct a probation report due to COVID-19 restrictions was mitigated by a...
Source-derived case information.
- Citation
- [2020] KEHC 7123 (KLR)
- Parties
- Applicant: Joshua Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 30 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed; remainder of sentence suspended.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Assault Causing Actual Bodily Harm, Prison Decongestion, Suspension of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Oduor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing actual bodily harm should be revised in light of his circumstances and the need for prison decongestion.
- 2 Whether the applicant's conduct and the prevailing COVID-19 restrictions justify suspension of the remainder of his sentence.
Ratio Decidendi
The court found that the applicant, having served a significant portion of his sentence for assault causing actual bodily harm and being a first offender with positive conduct in prison, merited a revision of sentence. The inability to conduct a probation report due to COVID-19 restrictions was mitigated by a positive report from the Officer In Charge of Siaya G.K Prison. In the interest of prison decongestion and considering the applicant's circumstances, the court exercised its discretion to suspend the remainder of the applicant's sentence, ordering his release with a warning not to reoffend within six months, failing which he would be recommitted to complete the sentence.
Court Disposition
Application for revision of sentence allowed; remainder of sentence suspended.
Orders
- The remainder of the prison term imposed on the convict is suspended.
- Unless otherwise lawfully held, the convict Joshua Oduor is released from prison with a warning not to reoffend for the next 6 months, failing which he shall be recommitted to complete the sentence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 30 OF 2020
(CORAM: R. E. ABURILI - J.)
JOSHUA ODUOR.........APPLICANT
VERSUS
REPUBLIC................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 1 of 2020 dated 2. 1.2019 before Hon. S.W. Mathenge, Resident Magistrate)
RULING
1. On 2/1/2020, the convict was convicted of two counts of assault causing actual bodily harm, contrary to Section 251 of the Penal Code after he pleaded guilty. He was sentenced to serve six months imprisonment, on each count, sentences to run concurrently. He has not appealed. The facts disclosed rivalry between two groups of fishermen each claiming fishing territory rights. The convict is a first offender and pleaded for leniency saying he has small children.
2. He assaulted two complainants. He has already served 2½ months of the six months imprisonment and is remaining with about 3½ months to complete sentence. The injuries sustained by the 2 complainants were harm as per the P3 forms produced by the prosecution.
3. No probation report was called for. I have considered the request for sentence revision in the spirit of prison decongestion. I could have called for a social inquiry report on the convict but owing to the COVID -19 virus spread, and the necessary restrictions imposed by the state machinery, the Probation Officers are unable to access the prisons or homes to interview inmates and the significant persons of interest in the case.
4. However, upon request, the Officer In charge Siaya G.K Prison has availed a report on the convict’s general conduct and character while in prison, which report is positive.
5. In the premises, I exercise judicial discretion and order that the remainder of the prison term imposed on the convict shall be suspended and therefore unless otherwise lawfully held, the convict Joshua Oduor be and is hereby released from prison with a warning not to reoffend for the next 6 months in breath thereof he shall be recommitted to prison to complete sentence.
6. Orders accordingly
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE