[2020] KEHC 7115 (KLR)
The court found that while the sentence imposed was lawful, the applicant's status as a first offender, the mitigation offered, and the exceptional circumstances of the COVID-19 pandemic justified a revision of the sentence. The court exercised its discretion to suspend the remainder of the prison term, ordering the...
Source-derived case information.
- Citation
- [2020] KEHC 7115 (KLR)
- Parties
- Applicant: Martin Owino Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 36 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released with warning
- Judges
- RE Aburili
- Legal Topics
- Possession of Narcotics, Sentencing Revision, Mitigation, First Offender, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Owino Ochieng
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 possession of cannabis sativa was lawful and appropriate.
- 2 Whether the court should exercise its revisionary jurisdiction to alter the sentence in light of the applicant's circumstances and the COVID-19 pandemic.
Ratio Decidendi
The court found that while the sentence imposed was lawful, the applicant's status as a first offender, the mitigation offered, and the exceptional circumstances of the COVID-19 pandemic justified a revision of the sentence. The court exercised its discretion to suspend the remainder of the prison term, ordering the applicant's immediate release with a warning, balancing the need for punishment with considerations of public health and rehabilitation.
Court Disposition
sentence revised; applicant released with warning
Orders
- The remainder of the prison term is suspended.
- The applicant Martin Owino Ochieng shall be released from prison forthwith.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 36 OF 2020
(CORAM: R. E. ABURILI - J.)
MARTIN OWINO OCHIENG........................................APPLICANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
(Being an Application for revision of sentence vide Senior Resident Magistrate’s Court, Ukwala Criminal Case No. 422 of 2019 dated 16. 9.2019 before Hon. C.N. Sindani, Senior Resident Magistrate)
RULING
1. The convict Martin Owino Ochieng was convicted on his own plea of guilty of the offence of being found in possession of 30 grams of cannabis sativa/ bhang. He was fined Kshs. 100,000/= in default to serve one year imprisonment. He was arrested on 15/9/2019 hence he has been in prison for 6 months.
2. The sentence is lawful. In mitigation the accused said that he was an orphan and that the bhang added him energy to farm for people. That is no excuse for a 28 year old man.
3. He is a first offender, according to the trial court record.
4. No probation report was called for and at the moment, owing to COVID -19 global pandemic spread, the Probation Officers are unable to reach prisons to interview the inmates.
5. Considering all the above, and in the spirit of prison decongestion, I hereby exercise judicial discretion under Section 362 and 364 of the Criminal Procedure Code and Article 165 of the Constitution and revise the sentence imposed on the convict. I suspend the remainder of the prison term and order that the convict Martin Owino Ochieng shall be released from prison forthwith with a warning not to repeat the offence in the next six months of the date of release. In breach, 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