[2022] KEHC 16704 (KLR)
The court found that since the applicant had already served nearly the entire 30-day sentence for the offence of creating disturbance likely to cause breach of peace, and there was no illegality or impropriety in the sentence imposed by the trial court, there was no justification to disturb or revise the sentence....
Source-derived case information.
- Citation
- [2022] KEHC 16704 (KLR)
- Parties
- Applicant: Alex Ongele Orwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E104 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision declined; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Breach of Peace, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alex Ongele Orwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for creating disturbance likely to cause breach of peace should be revised.
Ratio Decidendi
The court found that since the applicant had already served nearly the entire 30-day sentence for the offence of creating disturbance likely to cause breach of peace, and there was no illegality or impropriety in the sentence imposed by the trial court, there was no justification to disturb or revise the sentence. The option to pay a fine was available but not taken by the applicant. The court exercised its discretion to decline interference with the sentence, and ordered the file closed.
Court Disposition
Application for sentence revision declined; file closed.
Orders
- The sentence is not disturbed as it has already been substantially served.
- The file is hereby closed.
Full Case Text
Judgment text and source record
19 paragraphs
Orwa v Republic (Criminal Revision E104 of 2022) [2022] KEHC 16704 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16704 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E104 of 2022
RE Aburili, J
December 20, 2022
Between
Alex Ongele Orwa
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM Criminal Case No. E346 of 2022 delivered by Hon S. Mathenge, SRM on 22nd November, 2022)
Ruling
1. On November 22, 2022 the convict herein Alex Ongele Orwa was sentenced to serve 30 days imprisonment for the offence of creating disturbance likely to cause breach of peace, on his own plea of guilty. He had the option of paying a fine of Kshs 10,000 which could be converted from the cash bail deposited into court but he did not take that option. As 30 days is just a day away, I find no reason to disturb the already served sentence.
2. The file is hereby closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE