[2022] KEHC 16729 (KLR)
The court found that, given the complainant's unconditional wish to withdraw the complaint and the broader policy objective of decongesting prisons, the custodial sentences imposed on the applicants were excessive in the circumstances. Although one applicant had a previous conviction, the court determined that a...
Source-derived case information.
- Citation
- [2022] KEHC 16729 (KLR)
- Parties
- Applicant: Lawrence Oduor Oduor; Applicant: Robert Onyango Odhiambo; Applicant: Erick Otieno Wayodi; Applicant: Michael Omondi Okoyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E070 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Custodial sentences revised to community service orders.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Community Service Orders, Plea of Guilty, Prison Decongestion, Recidivism, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Oduor Oduor
Applicant
Robert Onyango Odhiambo
Applicant
Erick Otieno Wayodi
Applicant
Michael Omondi Okoyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the custodial sentence imposed on the applicants should be revised in light of the complainant's wish to withdraw the complaint and the need for prison decongestion.
- 2 Whether community service is an appropriate alternative sentence for the offence committed.
Ratio Decidendi
The court found that, given the complainant's unconditional wish to withdraw the complaint and the broader policy objective of decongesting prisons, the custodial sentences imposed on the applicants were excessive in the circumstances. Although one applicant had a previous conviction, the court determined that a non-custodial sentence in the form of community service was appropriate for all four applicants. The court exercised its revisionary jurisdiction to substitute the three-year prison terms with nine months of community service at locations to be identified by the probation officer, with supervision by police officers. This approach balanced the interests of justice, the...
Court Disposition
Custodial sentences revised to community service orders.
Orders
- The prison terms imposed on the applicants are revised to nine months of community service each at locations to be identified by the probation officer.
- Each applicant shall serve at a different location under the supervision of a police officer.
Full Case Text
Judgment text and source record
29 paragraphs
Oduor & 3 others v Republic (Criminal Revision E070 of 2022) [2022] KEHC 16729 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16729 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E070 of 2022
RE Aburili, J
December 20, 2022
Between
Lawrence Oduor Oduor
1st Applicant
Robert Onyango Odhiambo
2nd Applicant
Erick Otieno Wayodi
3rd Applicant
Michael Omondi Okoyo
4th Applicant
and
Republic
Respondent
((Being an Application for sentence revision in Siaya CM’s Criminal Case No. 252 of 2022 delivered by Hon. B. Limo, Senior Resident Magistrate on 6. 10. 2022)
Ruling
1. On 6/10/2022, the convicts herein Lawrence Oduor Oduor, Robert Onyango Odhiambo, Erick Otieno Wayodi and Michael Omondi Okoyo were sentenced to serve 3 years imprisonment each for the offence of killing a he-goat animal with intent to steal it. They had pleaded guilty to the charge. They were arrested on 17/9/2022.
2. At the time of sentencing, the presentence reports were filed in court showing that the complainant had unconditionally wished to withdraw the complaint against the convicts but the local administration resisted on account that the convicts are known to be persons of bad reputation.
3. The convicts have served about 3 months from date of arrest.
4. In the spirit of prison decongestion as the complainant had no issue with the convicts serving non-custodial sentence, although Lawrence Oduor has a previous conviction, I revise the prison term imposed and order that the convicts Lawrence Oduor Oduor, Robert Onyango Odhiambo, Erick Otieno Wayodi and Michael Omondi Okoyo herein shall, unless otherwise lawfully, be released to serve community service for a period of 9 months at the nearest chiefs’ offices and police stations/posts to be identified by the probation officer.
5. Each convict shall serve at a different location where there is a police officer who shall supervise them for community service order.
6. File closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE