[2020] KEHC 7130 (KLR)
The court found that the applicant, having served one month and five days in prison for assault causing minor soft tissue injuries, was a first offender, had shown remorse, and did not use a dangerous weapon. In the context of prison decongestion, these factors justified suspending the remainder of his sentence and...
Source-derived case information.
- Citation
- [2020] KEHC 7130 (KLR)
- Parties
- Applicant: Maurice Oulo Ongiro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 31 ‘B’ of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for sentence revision rendered moot; initial order for sentence suspension set aside as applicant had already paid fine and been released. File closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault, Mitigation, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Oulo Ongiro
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 mitigation, first offender status, and prison decongestion policy.
- 2 Whether the applicant's conduct and circumstances justify suspension or alteration of the custodial sentence.
Ratio Decidendi
The court found that the applicant, having served one month and five days in prison for assault causing minor soft tissue injuries, was a first offender, had shown remorse, and did not use a dangerous weapon. In the context of prison decongestion, these factors justified suspending the remainder of his sentence and ordering his release with a warning. However, upon receiving information that the applicant had already paid the fine and been released, the court reviewed and set aside its earlier order for sentence revision, closing the file as the custodial sentence was no longer operative.
Court Disposition
Application for sentence revision rendered moot; initial order for sentence suspension set aside as applicant had already paid fine and been released. File closed.
Orders
- The remainder of the prison term was initially suspended and the applicant ordered released with a warning not to reoffend for six months, breach of which would result in recommittal to prison.
- Upon learning the applicant had paid the fine and been released, the order revising sentence was reviewed and set aside.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 31 ‘B’ OF 2020
(CORAM: R. E. ABURILI - J.)
MAURICE OULO ONGIRO.......APPLICANT
VERSUS
REPUBLIC...............................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 219 of 2019 dated 4. 1.2018 before Hon. S.W. Mathenge, Resident Magistrate)
RULING
1. The convict herein Maurice Oulo Ongiro was convicted and sentenced to pay a fine of Kshs 20,000/= in default to serve 4 months in prison on 14/2/2020. He has now served one month in prison for assaulting his ex-wife ostensibly for refusing to let him in her house after they parted ways 3 years earlier. He had pleaded not guilty and the Prosecution called witnesses to prove their case.
2. He mitigated upon being found guilty, that he had 2 wives, including thre complainant victim and 7 children. He sought for forgiveness. He is a first offender. No probation report was called for on the convict.
3. I have considered the request for Sentence Revision for prisons decongestion purposes., the mitigations and the fact that the convict is a first offender and did not use any dangerous or potentially dangerous weapon to assault his ex-wife who sustained minor soft tissue injuries as per the P3 form produced as exhibit. He is also remorseful although I find no justification for assaulting his ex-wife who was not interested in him by kicking and slapping her.
4. He has served one month and five days in prison. He can benefit from prison decongestions. I therefore exercise judicial discretion and suspend the remainder of the prison term and order for the release of the convict Maurice Oulo Ongiro from prison with a warning not to reoffend for the next six months breach of which he shall be recommitted to prison to complete sentence.
5. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI
JUDGE
FURTHER ORDER
Upon making the above order on sentence revision, this court has received a report from Officer In charge G.K Prisons Siaya stating that the convict was released upon paying the fine on 2/3/2020.
Accordingly, the order above revising sentence is hereby reviewed and set aside and the file herein is closed.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI
JUDGE