[2024] KEHC 10611 (KLR)
The court found that while the offence of possession of illicit alcohol is serious and destructive, the applicant is a first offender who pleaded guilty and has already served half of her sentence. The Children’s Officer’s report confirmed that her continued incarceration would cause undue hardship to her minor...
Source-derived case information.
- Citation
- [2024] KEHC 10611 (KLR)
- Parties
- Applicant: Benta Awino Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E130 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed; remainder of sentence suspended.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Possession of Illicit Alcohol, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benta Awino Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of her personal circumstances and the welfare of her minor children.
- 2 Whether the remaining custodial sentence should be suspended to facilitate prison decongestion.
Ratio Decidendi
The court found that while the offence of possession of illicit alcohol is serious and destructive, the applicant is a first offender who pleaded guilty and has already served half of her sentence. The Children’s Officer’s report confirmed that her continued incarceration would cause undue hardship to her minor children, who are now in the care of an elderly grandmother. In the interests of justice, the welfare of the children, and in line with the policy of prison decongestion, the court exercised its discretion to suspend the remainder of the custodial sentence on condition that the applicant does not commit any offence within the next six months. The applicant was ordered to be...
Court Disposition
Application for revision of sentence allowed; remainder of sentence suspended.
Orders
- The remainder of the 3 months’ imprisonment is suspended for six (6) months on condition that the applicant does not commit any offence within that period.
- The applicant, Benta Awino Onyango, is ordered released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Onyango v Republic (Criminal Revision E130 of 2024) [2024] KEHC 10611 (KLR) (10 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10611 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E130 of 2024
RE Aburili, J
September 10, 2024
Between
Benta Awino Onyango
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. E223 of 2024)
Ruling
1. On 3rd June 2024, the convict Benta Awino was sentenced to serve six (6) months imprisonment as a default sentence in lieu of a fine of Kshs.50,000 for the offence of being found in possession of 100 litres of alcoholic drinks namely changaa.
2. In mitigation, she pleaded for forgiveness, was a widow and had rented a house. That she had a young child.
3. The Children’s Officer’s report dated 30th May 2024 filed in Kisumu CM Criminal Case No. E223 of 2024 shows that the convict has an 8 year old child, J. O and other minor children. She admitted the offence. The illicit brew is indeed destructive. But the minor children will suffer more if their mother remains in jail longer. She has been in jail for 3 months out of the 6 months’ imprisonment. The minor children were left in the custody of their aged grandmother. The convict is a first offender who pleaded guilty to the charge.
4. I exercise discretion in the spirit of prison decongestion and order that the remainder of the 3 months’ imprisonment is suspended for six (6) months not to commit any offence and the convict Benta Awino Onyango is ordered released from prison forthwith unless otherwise lawfully held.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE