[2020] KEHC 4194 (KLR)
The court found that the applicant had served more than half of his lawful sentence for shop breaking and stealing, had withdrawn his appeal, and demonstrated efforts at reform while in prison. In the context of prison decongestion and rehabilitation, the court exercised its discretion to revise the custodial...
Source-derived case information.
- Citation
- [2020] KEHC 4194 (KLR)
- Parties
- Applicant: Moses Ochieng Owiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 66 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- sentence revised; applicant released on conditions
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Shop Breaking, Stealing, Penal Code Section 304 1, Penal Code Section 279 B, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Moses Ochieng Owiti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a revision of his custodial sentence to a non-custodial sentence.
- 2 Whether the period already served and the applicant's conduct in prison justify sentence revision.
- 3 Whether the court should exercise discretion in the spirit of prison decongestion.
Ratio Decidendi
The court found that the applicant had served more than half of his lawful sentence for shop breaking and stealing, had withdrawn his appeal, and demonstrated efforts at reform while in prison. In the context of prison decongestion and rehabilitation, the court exercised its discretion to revise the custodial sentence to a conditional release. The applicant was ordered to be released from prison on condition that he does not commit any offence for one year and reports to the nearest police station every two weeks for six months. Breach of these conditions would result in re-arrest and completion of the original sentence.
Court Disposition
sentence revised; applicant released on conditions
Orders
- The applicant, Moses Ochieng Owiti, shall forthwith be released from prison on condition that he does not commit any other offence for the next one year from the date of release.
- The applicant shall for the next six months report to the nearest Police Station or police post after every two weeks.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 66 OF 2020
MOSES OCHIENG OWITI.............................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 1066 of 2018 at PM’s Court at Bondo delivered on 21. 2.2019 by Hon M. Obiero, Principal Magistrate)
RULING
1. I have considered the application for Sentence Review dated 10/7/2020. The Applicant/convict Moses Ochieng Owiti convict was convicted and sentenced to serve 3 years imprisonment for the offence of Shop Breaking and Stealing contrary to Section 304(1) and 279(b) of the Penal Code. He pleaded not guilty to the charge. This was on 21/2/2019.
2. He has served about 1½ years in jail and now prays for a non-custodial sentence stating that he has undergone reform process in prison and has attained a Certificate in Theology. That he has a wife and three children who rely on him.
3. He had filed HCCRA No. 14 of 2019 which he applied to withdraw and the same has since been withdrawn.
4. Having considered the nature of the offence committed, the fact that the applicant withdrew his appeal and has served more than half of the sentence imposed which was lawful, I hereby exercise discretion in the spirit of prison decongestion and revise the sentence imposed on the convict, MOSES OCHIENG OWITI who shall forthwith be released from prison on condition that he does not commit any other offence for the next one year from the date of release and he shall for the next six months be reporting to the nearest Police Station or police post after every two weeks. In default or breach of any of the above conditions, the convict/applicant shall be rearrested and brought to court to be resend to prison to complete the remainder of the prison sentence.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 16th Day of July, 2020
R.E. ABURILI
JUDGE