[2022] KEHC 16739 (KLR)
The court found that the applicant, having been convicted of trafficking in narcotics involving a small quantity and value, was not a repeat offender, and had already spent time in custody due to inability to raise bail. No presentence report was called, and there was no evidence of aggravating circumstances. In the...
Source-derived case information.
- Citation
- [2022] KEHC 16739 (KLR)
- Parties
- Applicant: Isaack Julius Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E089 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- sentence revised; applicant to serve community service order
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Narcotics Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaack Julius Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence of two years imprisonment for trafficking in narcotics was appropriate in the circumstances.
- 2 Whether the applicant was entitled to a revision of sentence to a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, having been convicted of trafficking in narcotics involving a small quantity and value, was not a repeat offender, and had already spent time in custody due to inability to raise bail. No presentence report was called, and there was no evidence of aggravating circumstances. In the exercise of its discretion, the court determined that a custodial sentence was not warranted and that a community service order would serve the interests of justice. The sentence was therefore revised from two years imprisonment to nine months of unpaid community service at Aboke Police Patrol Base.
Court Disposition
sentence revised; applicant to serve community service order
Orders
- The sentence of two years imprisonment is set aside.
- The applicant shall be released on a community service order to perform unpaid community service at Aboke Police Patrol Base for nine months.
Full Case Text
Judgment text and source record
20 paragraphs
Onyango v Republic (Criminal Revision E089 of 2022) [2022] KEHC 16739 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16739 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E089 of 2022
RE Aburili, J
December 20, 2022
Between
Isaack Julius Onyango
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM Criminal Case No.E166 of 2022 delivered by Hon C.I Agutu, SRM on 16/11/2022)
Ruling
1. On November 16, 2022 the convict herein Isaack Julius Onyango was sentenced to serve two (2) years imprisonment for the offence of trafficking in narcotics. the quantity of the drug was 1. 4 kilograms valued at Kshs 1600. He pleaded not guilty to the charge and maintained his innocence claiming that he was framed after he took alcohol and was unbale to pay for it hence he was assaulted and arrested and charged with the offence. He was arrested on September 23, 2022. He was granted bail but he did not raise a surety hence he has been in custody since his arrest. No presentence report was called. There was no report that the convict was a repeat offender or that he was a difficult person.
2. I exercise discretion and revise the sentence imposed and order that the convict shall be released on community service order to perform unpaid community service at Aboke Police Patrol Base for a period of nine (9) months.
3. File closed.
4. I so order.
Dated, signed and delivered at Siaya, this 20thDay of December, 2022R.E. ABURILIJUDGE