[2018] KEHC 4326 (KLR)
The court found that, given the appellant's plea of guilty, the minor nature of the offence, and the fact that he was about to complete his sentence, it was appropriate to revise the custodial sentence. The court exercised its discretion to substitute the remaining term of imprisonment with a community service...
Source-derived case information.
- Citation
- [2018] KEHC 4326 (KLR)
- Parties
- Appellant: Joshuo Ombongi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 67 of 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence revised; appellant to serve balance under community service; released unless otherwise lawfully held
- Judges
- DAS Majanja
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshuo Ombongi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for manufacturing alcoholic drinks without a license was appropriate.
- 2 Whether the court should exercise leniency in revising the sentence given the appellant's circumstances.
Ratio Decidendi
The court found that, given the appellant's plea of guilty, the minor nature of the offence, and the fact that he was about to complete his sentence, it was appropriate to revise the custodial sentence. The court exercised its discretion to substitute the remaining term of imprisonment with a community service order, thereby balancing the need for punishment with considerations of rehabilitation and proportionality. The State's lack of objection further supported the appropriateness of the revision. The court thus ordered the appellant to serve the balance of his sentence under community service and ordered his release unless otherwise lawfully held.
Court Disposition
sentence revised; appellant to serve balance under community service; released unless otherwise lawfully held
Orders
- The sentence of imprisonment is revised to community service for the balance of the term.
- The appellant is released unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 67 OF 2018
JOSHUO OMBONGI....................................APPELLANT
VERSUS
REPUBLIC..................................................RESPONDENT
(Appeal from the original conviction and sentence of Hon. S.K Onjoro – SRM dated 25th July 2018 at the Chief Magistrate’s Court at Kisii in Criminal Case No. 1881 of 2018)
JUDGMENT
1. The appellant, JOSHUO OMBONGI pleaded guilty to the offence of manufacturing alcoholic drinks without a license contrary to section 8(1) (a) as read with section 71 of the Kisii County Alcoholic Drinks Control Act, 2015. It was alleged that on 24th July 2018, he was found manufacturing changaa using 60 litres of kangara without a license. He was sentenced to three months imprisonment in default of paying a fine of Kshs. 40,000/=.
2. At the hearing of his appeal, the appellant accepted that he had pleaded guilty but asked the court to exercise leniency since he was about to complete his sentence. Learned counsel for the State did not object to this course.
3. I hereby revise the sentence for JOSHUO OMBONGI and direct that he serves the balance of his sentence under Community Service. He is released unless otherwise lawfully held.
Dated and delivered at Kisii this 17thday of September, 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Appellant in person.