[2020] KEHC 524 (KLR)
The court found that the applicant was a first offender who had already served half of her five-month prison sentence for being found in possession of alcoholic drinks. Given her inability to pay the fine and her status as a first offender, the court exercised its discretion to set aside the remainder of the prison...
Source-derived case information.
- Citation
- [2020] KEHC 524 (KLR)
- Parties
- Applicant: Mary Akoth Opany; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E023 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- sentence revised; applicant conditionally discharged
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Possession of Alcoholic Drinks, First Offender, Conditional Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Akoth Opany
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant, a first offender, should be revised.
- 2 Whether the applicant is entitled to a conditional discharge after serving part of her sentence.
Ratio Decidendi
The court found that the applicant was a first offender who had already served half of her five-month prison sentence for being found in possession of alcoholic drinks. Given her inability to pay the fine and her status as a first offender, the court exercised its discretion to set aside the remainder of the prison term. The applicant was granted a conditional discharge, with the stipulation that she must not re-offend within six months of release, failing which she would be required to serve the remainder of her sentence. The court's decision was guided by the principles of leniency for first offenders and the need to ensure that sentences are not unduly harsh or excessive.
Court Disposition
sentence revised; applicant conditionally discharged
Orders
- The remainder of the prison term imposed on Mary Akoth Opany is set aside.
- Mary Akoth Opany is ordered to be conditionally discharged from prison, not to re-offend within six months of release, failing which she shall be returned to prison to complete her sentence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E023 OF 2020
MARY AKOTH OPANY...................................................................PETITIONER
VERSUS
STATE................................................................................................RESPONDENT
(Being an application of Revision of Sentence in Siaya PMCCRC 150 of 2020
delivered on 23. 10. 2020 before Hon. J. Ongondo - PM)
RULING
1. I have considered the application for Sentence Revision by the convict/applicant MARY AKOTH OPANY. The Convict is serving 5 months imprisonment from 23. 10. 2020 for being convicted of being found in possession of alcoholic drinks. She pleaded guilty. She was fined KShs.30,000/= which she is unable to pay.
2. The trial Court record shows that she is a first offender. That being the case, and as the Convict has already served ½ of the lawful prison term imposed. I hereby set aside the remainder of the prison term and order for the conditional discharge of the Convict Mary Akoth Opany, from prison, not to re-offend within six months of the date of release in-default she shall be send back to prison to complete sentence.
3. Therefore, unless otherwise lawfully held, Mary Akoth Opany is hereby set at liberty as stated above on a conditional discharge.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18th DAY OF DECEMBER, 2020.
R.E. ABURILI
JUDGE