[2022] KEHC 12845 (KLR)
The court exercised its revisionary jurisdiction to suspend the remainder of the applicant's custodial sentence, considering that only two months remained and in line with the policy objective of decongesting prisons. The court found that a suspended sentence for the remainder of the term would serve justice,...
Source-derived case information.
- Citation
- [2022] KEHC 12845 (KLR)
- Parties
- Applicant: Pascal Onyango Lucas alias Urodha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E016 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed. Remainder of custodial sentence suspended.
- Judges
- RE Aburili
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing Revision, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pascal Onyango Lucas alias Urodha
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of the remaining term and the objective of prison decongestion.
Ratio Decidendi
The court exercised its revisionary jurisdiction to suspend the remainder of the applicant's custodial sentence, considering that only two months remained and in line with the policy objective of decongesting prisons. The court found that a suspended sentence for the remainder of the term would serve justice, provided the applicant does not reoffend within the next six months. The applicant's status as a habitual offender was noted, but the overriding consideration was the minimal period left to serve and the need to promote alternatives to incarceration where appropriate.
Court Disposition
Application for revision of sentence allowed. Remainder of custodial sentence suspended.
Orders
- The convict Pascal Onyango Lucas shall be released from prison and serve a suspended sentence for the remainder of the term.
- He shall not reoffend for the next 6 months.
Full Case Text
Judgment text and source record
20 paragraphs
Lucas v Republic (Criminal Revision E016 of 2022) [2022] KEHC 12845 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12845 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E016 of 2022
RE Aburili, J
August 8, 2022
Between
Pascal Onyango Lucas alias Urodha
Applicant
and
Republic
Respondent
(Being an Application seeking revision of sentence, arising from conviction and sentence in Ukwala PM’s Court Criminal Case No. E165 of 2021 on 8/12/2021 by Hon. l. N. Sarapai, Principal Magistrate)
Ruling
1. The convict Pascal Onyango Lucas was convicted and sentenced to serve 13 months imprisonment on 8/12/2021 for the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code. He is said to be a habitual offender and that he is not willing to serve non-custodial sentence.
2. He has only two months to complete his sentence. However, in the spirit of prison decongestion, I order that the convict Pascal Onyango Lucas shall be released from prison and serve suspended sentence of the remainder term. He shall not reoffend for the next 6 months.
3. I so order.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE