[2023] KEHC 20064 (KLR)
The court determined that while there was no statutory error in the original sentence, the applicant's inability to pay the fine, her advanced age, disability, and family responsibilities justified a revision of the sentence. The court emphasized the importance of considering alternatives to imprisonment for petty...
Source-derived case information.
- Citation
- [2023] KEHC 20064 (KLR)
- Parties
- Applicant: Mary Maloba; Respondent: ODPP
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E238 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Review, Community Service Orders, Imprisonment Alternatives
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Maloba
Applicant
ODPP
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence of imprisonment in default of fine should be revised due to inability to pay and personal circumstances.
- 2 Whether alternative sentencing such as community service is appropriate in the applicant's case.
Ratio Decidendi
The court determined that while there was no statutory error in the original sentence, the applicant's inability to pay the fine, her advanced age, disability, and family responsibilities justified a revision of the sentence. The court emphasized the importance of considering alternatives to imprisonment for petty offenders, both to alleviate the burden on correctional facilities and to promote rehabilitation through community service. Consequently, the applicant's remaining sentence was reduced to forty-five days of unpaid community service under supervision, replacing the custodial sentence.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant's remaining sentence is reduced to forty-five (45) days of unpaid community service at the office of the Chief, Isongo Location, or as directed by the Chief.
- The Chief shall supervise the applicant for the duration of the Community Service Order.
Full Case Text
Judgment text and source record
20 paragraphs
Maloba v ODPP (Criminal Revision E238 of 2023) [2023] KEHC 20064 (KLR) (7 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20064 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E238 of 2023
PJO Otieno, J
July 7, 2023
Between
Mary Maloba
Applicant
and
ODPP
Respondent
Ruling
1. By the letter of May 23, 2023, the Applicant seeks that her prison sentence six months in default payment of Kshs 50,000/= be reviewed on the basis that she is unable to pay the fine. She then adds that she is an old Kenyan who suffered an injury to her hip joint out of a road traffic accident which has left her with a disability in which she has to wear a waste/body belt which is unsuitable in the prison conditions. In addition, she adds that one of her daughters is mentally challenged but has three children sired by unknown men which children are her obligation.
2. While the Court sees no basis to fault the trial court on the statutory grounds for revision, the Court appreciates imprisonment is not the only available sentence for every offence including those offences which are committed by Kenyan purely on account of their social and economic conditions.
3. The Court further appreciates that there is need to remove petty offenders from prison and into the civil duty of nation building as opposed to burdening the budgetary difficulties experienced by the Department of Correctional Services by populating prisons with offenders who can be punished otherwise.
4. All considered, I do revise the sentence to the extent that the Applicant may serve the remainder of the term which is hereby reduced to forty five (45) days by performing unpaid work at the office of the Chief, Isongo Location or such other work site as the Chief shall direct.
5. The Chief shall supervise the Applicant for the duration of the Community Service Order.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 7TH DAY OF JULY 2023. PATRICK J. O. OTIENOJUDGE