[2024] KEHC 13904 (KLR)
The court found that the applicant's serious medical condition, evidenced by acute urinary retention and the need for a catheter, constituted sufficient humanitarian grounds to review the custodial sentence. The applicant had already served at least one year of the four-year sentence, which the court deemed adequate...
Source-derived case information.
- Citation
- [2024] KEHC 13904 (KLR)
- Parties
- Applicant: Benson Nyangoto Monayo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E056 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review
- Outcome
- application allowed; sentence reviewed; applicant released
- Judges
- WA Okwany
- Legal Topics
- Sentence Review, Impersonation Offence, Non Custodial Sentence, Humanitarian Grounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Nyangoto Monayo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be reviewed from a custodial to a non-custodial sentence due to serious illness.
- 2 Whether the period already served in custody is sufficient punishment for the offence of impersonation of a police officer.
Ratio Decidendi
The court found that the applicant's serious medical condition, evidenced by acute urinary retention and the need for a catheter, constituted sufficient humanitarian grounds to review the custodial sentence. The applicant had already served at least one year of the four-year sentence, which the court deemed adequate punishment for the offence of impersonation of a police officer. The court held that continued incarceration would not serve any useful purpose and could endanger the applicant's life. Accordingly, the court set aside the remaining sentence and ordered the applicant's immediate release unless otherwise lawfully held.
Court Disposition
application allowed; sentence reviewed; applicant released
Orders
- The four-year imprisonment sentence is set aside and substituted with the period already served in custody.
- The applicant shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Monayo v Republic (Miscellaneous Criminal Application E056 of 2024) [2024] KEHC 13904 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13904 (KLR)
Republic of Kenya
In the High Court at Nyamira
Miscellaneous Criminal Application E056 of 2024
WA Okwany, J
October 31, 2024
Between
Benson Nyangoto Monayo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein, Benson Nyangoti Monayo was convicted for the offence of impersonation of a police officer and sentenced to serve four (4) years imprisonment.
2. He filed the Application dated 26th June 2024 seeking a review of his imprisonment sentence to a non-custodial sentence on the basis that he is seriously ill and has been in and out of hospital.
3. At the hearing of the application, Mr. Chirchir, Learned Counsel for the State indicated that he was not opposed to the application and that the Applicant’s application could be allowed on humanitarian basis due to his ill health.
4. I have considered the application together with the supporting affidavit and annextures. I note that the Applicant’s medical records indicate that he suffers from acute urinary retention and has been fitted with a catheter to enable him pass urine. I also note that the Applicant has been in prison since 20th November 2023 which means that he has served at least one (1) year out of his 4 years’ imprisonment period. I am of the view that the period that he has spent in custody is sufficient punishment for his offence and that his continued stay in custody will not serve any useful purpose. Suffice to say that his life may be in great jeopardy if he continues to stay in prison.
5. It is for the above reasons that I hereby review the Applicant’s sentence by setting aside the four (4) years imprisonment and substituting it with the period that the Applicant has so far served in custody. I direct that the Applicant be set at liberty forthwith unless he is otherwise lawfully held.
6. It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NYAMIRA VIA MICROSOFT TEAMS THIS 31STDAY OF OCTOBER 2024. W. A. OKWANYJUDGE