[2021] KEHC 6395 (KLR)
The court found that, considering the favourable probation report and the period the applicant had already served in prison, the applicant had been sufficiently punished for the offences committed. The court exercised its discretion to commute the default custodial sentence to the period already served, holding that...
Source-derived case information.
- Citation
- [2021] KEHC 6395 (KLR)
- Parties
- Applicant: Julius Omonya Kawesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Revision Case 62 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence allowed; custodial sentence commuted to period served; applicant ordered released unless otherwise lawfully held.
- Judges
- LK Kimaru
- Legal Topics
- Sentencing Revision, Traffic Offences, Default Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Omonya Kawesa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the default custodial sentence imposed on the applicant should be revised in light of the period already served in custody.
- 2 Whether the applicant has been sufficiently punished for the offences committed.
Ratio Decidendi
The court found that, considering the favourable probation report and the period the applicant had already served in prison, the applicant had been sufficiently punished for the offences committed. The court exercised its discretion to commute the default custodial sentence to the period already served, holding that the interests of justice required the applicant's release from custody.
Court Disposition
application for revision of sentence allowed; custodial sentence commuted to period served; applicant ordered released unless otherwise lawfully held.
Orders
- The default custodial sentence imposed upon the applicant is commuted to the period served.
- The applicant is ordered set at liberty and released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
REVISION NO. 62 OF 2021
JULIUS OMONYA KAWESA................................APPLICANT
VERSUS
REPUBLIC..........................................................RESPONDENT
RULING
The Applicant, Julius Omanya Kawesa, was charged with three (3) counts under the Traffic Act. He was charged with driving a Motor Vehicle on a Public road under the influence of alcohol contrary to Section 44(1). He was also charged with driving Motor Vehicle on Public road without a driving licence contrary to Section 30(1) (7). He was finally charged with the offence of unauthorized driving contrary to Section 103 C (1) (3). The particulars of the offence related to the Applicant’s arrest on 13th February 2021 along Kitale- Endebess road while driving a public service vehicle. Upon being presented to court, he pleaded guilty to all the charges. He was sentence to pay a total fine of Kshs 40,000/= or in default serve Seven (7) months imprisonment.
The Applicant did not pay the fine. He is serving the default custodial sentence. He has applied to have the default custodial sentence revised so that he can be released from prison taking into account the period he has been in lawful custody. This court ordered for a probation report to be prepared. The same was prepared and filed in court. It is favourable. Taking into account the period that the Applicant has been in prison, this court formed the view that the Applicant has been sufficiently punished. He has paid his just debts to the society.
In the premises therefore, the default custodial sentence imposed upon him is commuted to the period served. He is ordered set at liberty and released from Prison forthwith unless otherwise lawfully held. It is so ordered.
DATED at KITALE this 9th day of June 2021.
L. KIMARU
JUDGE