[2022] KEHC 16861 (KLR)
The court found that the applicant had already served one year of the two-year custodial sentence for escape from lawful custody. In the context of prison decongestion and considering the time already served, the court exercised its discretion to revise the remainder of the sentence. The court ordered that the...
Source-derived case information.
- Citation
- [2022] KEHC 16861 (KLR)
- Parties
- Applicant: Reagan Ochieng Ngwela; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E133 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- sentence revised; custodial term substituted with community service order
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Escape From Lawful Custody, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reagan Ochieng Ngwela
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's sentence for escape from lawful custody should be revised in light of time served and the need for prison decongestion.
- 2 Whether the applicant is eligible for a non-custodial sentence after serving part of the custodial term.
Ratio Decidendi
The court found that the applicant had already served one year of the two-year custodial sentence for escape from lawful custody. In the context of prison decongestion and considering the time already served, the court exercised its discretion to revise the remainder of the sentence. The court ordered that the applicant be released from prison to serve six months of community service at Bondo Police Station under supervision. The court noted, however, that the original sentence was not unduly harsh given the seriousness of the offence and the applicant's failure to admit guilt, but considered the revision appropriate in the circumstances.
Court Disposition
sentence revised; custodial term substituted with community service order
Orders
- The remainder of the applicant's sentence is revised.
- The applicant shall be released from prison to serve community service at Bondo Police Station for six months from the date of release.
Full Case Text
Judgment text and source record
21 paragraphs
Ngwela v Republic (Criminal Revision E133 of 2022) [2022] KEHC 16861 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16861 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E133 of 2022
RE Aburili, J
December 20, 2022
Between
Reagan Ochieng Ngwela
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 1451 of 2021 by Hon. J.P.Nandi, Principal Magistrate on 15/9/2022)
Ruling
1. The convict Reagan Ochieng Ngwela was sentenced to serve two years imprisonment for the offence of escape from lawful custody. He was facing another charge of being found in possession of narcotics and psychotropic substances wherein he was sentenced to serve one-year imprisonment on September 15, 2022 and this court has just considered the request for sentence review in HCR REV E102 of 2022 from original Bondo PM CR E1207 of 2021 and found it not merited as he must have served that sentence already.
2. The convict has now served one year of the two years imprisonment. In the spirit of prison decongestion, I hereby revise the remained of the sentence as imposed and order that the convict shall be released from prison to serve community service at Bondo Police Station for a period of six months from the date of release and to be supervised by the officer commanding Bondo Police Station .
3. I find the sentence imposed to be too lenient to revise, considering the serious offence that they committed and never admitted that they committed the offence, thereby taking the court and the complainant through the full trial.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE