[2018] KEHC 2227 (KLR)
The court found that, given the applicant's personal circumstances—including his health status, family responsibilities, and the positive recommendation from the probation officer—a custodial sentence was not appropriate. The court determined that a community service order would better serve the interests of...
Source-derived case information.
- Citation
- [2018] KEHC 2227 (KLR)
- Parties
- Applicant: Michael Ooko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 138 of 2018
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence revised; custodial sentence set aside; community service order imposed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ooko
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for manufacturing alcoholic drinks was appropriate in the circumstances.
- 2 Whether the applicant is suitable for a non-custodial sentence based on his personal circumstances and the probation report.
Ratio Decidendi
The court found that, given the applicant's personal circumstances—including his health status, family responsibilities, and the positive recommendation from the probation officer—a custodial sentence was not appropriate. The court determined that a community service order would better serve the interests of justice, rehabilitation, and reintegration, while still holding the applicant accountable for the offence of manufacturing alcoholic drinks contrary to the law. The sentence was therefore revised from a custodial term to a community service order at Mbosire Primary School for 15 days under supervision.
Court Disposition
sentence revised; custodial sentence set aside; community service order imposed
Orders
- The custodial sentence imposed on Michael Ooko is set aside.
- The applicant shall serve community service at Mbosire Primary School for a period of 15 days from the date of release.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 138 OF 2018
(CORAM: R. E. ABURILI - J.)
MICHAEL OOKO ..........APPLICANT
VERSUS
REPUBLIC..................RESPONDENT
(Being an appeal against the sentence dated 25. 6.2018 in Criminal Case No. 391 of 2018 in Ukwala Law Court before Hon. G. Adhiambo - SRM)
JUDGMENT
The Convict Michael Ookowas on 25/6/2018 convicted by Ukwala SRM Court vide Cr. Case No. 391/2018 of the offence of manufacturing of alcoholic drinks contrary to Section 32(a)(b) of the Alcoholic Drinks Control Act No. 4 of 2010.
He was sentenced to serve 22 months and is expected to complete sentence on 15/9/2019.
He is 29 years of age separated from his wife but has five children aged between 10 and 4 years who depend on him. He has a dysfunctional family. The wife left the children behind with the convict. They are now in custody of his sister Elizabeth Akinyi. His first wife died and according to the Probation Officer’s Report filed on 18/7/2018, by David Ojow Probation Officer, the convict requires Economic Empowerment and reintegration as his immediate needs. He is suitable for probation.
I have considered the request for review of sentence, mitigating factors and the probation report. The convict is also said to be diabetic and HIV positive. He regrets the offence.
Custodial sentence and order that the convict Michael Ooko shall serve community service at Mbosire Primary School for a period of 15days from the day of his release from prison and to work without pay under the supervision of the Probation Officer Siaya County.
Orders accordingly.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE