[2025] KEHC 3733 (KLR)
The court found that the applicant, having been convicted of stealing and sentenced to a fine of Kshs. 200,000 or, in default, imprisonment, had his sentence reviewed in line with the Chief Justice Memo on prison decongestion. The revised sentence allowed for a reduced term of imprisonment in default of payment of...
Source-derived case information.
- Citation
- [2025] KEHC 3733 (KLR)
- Parties
- Applicant: Stanley Ochieng Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 350 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review allowed; applicant deemed to have completed sentence.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Stealing Offence, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Ochieng Okello
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant has served the requisite period of imprisonment or paid the fine as ordered.
Ratio Decidendi
The court found that the applicant, having been convicted of stealing and sentenced to a fine of Kshs. 200,000 or, in default, imprisonment, had his sentence reviewed in line with the Chief Justice Memo on prison decongestion. The revised sentence allowed for a reduced term of imprisonment in default of payment of the fine. The court determined that the applicant had served the required period of imprisonment from the date of his arrest and had therefore completed his sentence. Accordingly, no further custodial sentence was warranted, and the matter was concluded.
Court Disposition
Application for sentence review allowed; applicant deemed to have completed sentence.
Orders
- The applicant is deemed to have completed his sentence.
- No further custodial sentence shall be served by the applicant.
Full Case Text
Judgment text and source record
19 paragraphs
Okello v Republic (Criminal Revision 350 of 2024) [2025] KEHC 3733 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3733 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 350 of 2024
DR Kavedza, J
March 26, 2025
Between
Stanley Ochieng Okello
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Stanley Ochieng Okello is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted of the offense of stealing contrary to Section 268(1) as read with Section 275 of the Penal Code. Following his conviction, he was sentenced to pay a fine of Kshs. 200,000, with an alternative sentence of two years' imprisonment in the event of default. Subsequently, the applicant applied for a sentence review, which resulted in the court substituting the initial sentence with a fine of Kshs. 200,000, or in default, one-year imprisonment.
3. The sentence was set to commence from the date of his arrest, which was 10th October 2022.
4. Consequently, having served the required period of imprisonment, the applicant has now completed the sentence.
RULING DATED AND DELIVERED VIRTUALLY THIS 26THMARCH 2025D. KAVEDZAJUDGE