[2022] KEHC 16740 (KLR)
The court found that the applicant, having served one month of a four-month sentence for possession and manufacture of alcoholic drinks, and not being a repeat offender, was a suitable candidate for sentence revision. In the interest of prison decongestion and considering the applicant's circumstances, the court...
Source-derived case information.
- Citation
- [2022] KEHC 16740 (KLR)
- Parties
- Applicant: John Odhiambo Nyamwalo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E131 of 2022
- Procedural Posture
- Criminal Revision / Sentence Review After Conviction and Sentencing in Subordinate Court
- Outcome
- Sentence revised; remainder of sentence suspended for one year; applicant released from prison with warning.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Alcoholic Drinks Control, Possession of Alcohol, Manufacture of Changaa
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Odhiambo Nyamwalo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review After Conviction and Sentencing in Subordinate Court
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the circumstances and the need for prison decongestion.
- 2 Whether the applicant, having served part of the sentence and not being a repeat offender, merits suspension of the remainder of the sentence.
Ratio Decidendi
The court found that the applicant, having served one month of a four-month sentence for possession and manufacture of alcoholic drinks, and not being a repeat offender, was a suitable candidate for sentence revision. In the interest of prison decongestion and considering the applicant's circumstances, the court exercised its discretion to suspend the remainder of the sentence for one year, warning the applicant not to re-offend within that period, failing which he would serve the unserved sentence.
Court Disposition
Sentence revised; remainder of sentence suspended for one year; applicant released from prison with warning.
Orders
- The remainder of the applicant's sentence is suspended for one year.
- The applicant is released from prison forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
Nyamwalo v Republic (Criminal Revision E131 of 2022) [2022] KEHC 16740 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16740 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E131 of 2022
RE Aburili, J
December 20, 2022
Between
John Odhiambo Nyamwalo
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. E710 of 2022 by Hon. S. Mathenge, Senior Resident Magistrate on 15/11/2022)
Ruling
1. The convict John Odhiambo Nyamwalo was convicted two counts of the offences of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27(4) of the Alcoholic Drinks Control Act and manufacturing changaa. He was sentenced to serve 4 months imprisonment. (consecutive sentences). He has now served only one month of the four months imprisonment. There was no evidence that he was a repeat offender.
2. In the spirit of prison decongestion, I hereby revise the prison term impose don the convict herein John Odhiambo Nyamwalo and order that he shall be released from prison for the remainder of sentence which is hereby suspended for one year and he is warned not to re-offend or commit any other offence within the next one year. In default, he shall be rearrested to serve the unserved sentence.
3. File closed. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE