[2022] KEHC 16776 (KLR)
The court found that, in view of the short sentence imposed and the applicant's request, it was just to order that the cash bail deposited be forfeited as part of the fine. Further, the court exercised its discretion to direct that the cash bail be paid to the complainant as compensation for injuries sustained. The...
Source-derived case information.
- Citation
- [2022] KEHC 16776 (KLR)
- Parties
- Applicant: Vincent Onyango Ohore alias Akula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E113 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision allowed with orders as specified.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Forfeiture of Cash Bail, Compensation to Victim, Conditional Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Onyango Ohore alias Akula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the cash bail deposited by the convict can be applied towards payment of the fine imposed upon conviction for grievous harm.
- 2 Whether the cash bail can be paid to the complainant as compensation for injuries sustained.
- 3 Whether the convict should be released on conditional discharge with reporting obligations.
Ratio Decidendi
The court found that, in view of the short sentence imposed and the applicant's request, it was just to order that the cash bail deposited be forfeited as part of the fine. Further, the court exercised its discretion to direct that the cash bail be paid to the complainant as compensation for injuries sustained. The court also considered the need for conditional discharge and reporting requirements to ensure the convict does not reoffend, balancing the interests of justice, victim compensation, and rehabilitation of the offender.
Court Disposition
Application for sentence revision allowed with orders as specified.
Orders
- The cash bail deposited by Vincent Onyango Ohore in Bondo PM’s Criminal Case No E379/2021 is forfeited as part of the fine imposed.
- The cash bail of Kshs 30,000 is to be paid in full to the complainant Ambrose Ochieng Opiyo as compensation for injuries sustained.
Full Case Text
Judgment text and source record
19 paragraphs
Ohore v Republic (Criminal Revision E113 of 2022) [2022] KEHC 16776 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16776 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E113 of 2022
RE Aburili, J
December 21, 2022
Between
Vincent Onyango Ohore alias Akula
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E379 of 2021 delivered by Hon. S.W. Mathenge, Resident Magistrate on 22. 8.2022)
Ruling
1. The convict Vincent Onyango Ohore was convicted and fined Kshs 50,000/= in default to serve 6 months imprisonment on August 22, 2022 for the offence of grevious harm. The sentence was lenient. He wrote to court asking that the cashbail of Kshs 30,000/= which was deposited into court be treated as a fine. No orders were made on that request.
2. I make the following order, in view of the short sentence imposed.1. That the cash bail deposited into court at Bondo PM’s court in Criminal Case No E379/2021 by Vincent Onyango Ohore be forfeited as part of the fine imposed on the convict.2. That the said cashbail of Kshs, 30,000/= in full be paid to the complainant Ambrose Ochieng Opiyo by the court as part of the compensation for the injuries sustained by the complainant following the assault.3. The convict shall be released on conditional discharge not to reoffend within the next one year and to be reporting to Bondo Police Station every Friday of the week to the OCS Bondo Police Station for a period of three months from the date of his release.4. The complainant to be located and paid the Kshs 30,000/= cash bail deposited into court and the Deputy Registrar of this Court to be notified in writing once such payment is made.5. This order and Ruling to be served upon the Principal Magistrate, Bondo Law Courts.
3. I so order. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE