[2022] KEHC 16793 (KLR)
The High Court found that the sentence of a fine of Kshs 50,000,000 or 12 months imprisonment was manifestly excessive and disproportionate given the applicant's status as a first offender, his inability to pay such a fine, the low value of the narcotic drugs involved (Kshs 12,000), and the positive presentence...
Source-derived case information.
- Citation
- [2022] KEHC 16793 (KLR)
- Parties
- Applicant: Clinton Onyango Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E094 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; applicant to serve community service order
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Narcotic Drugs Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clinton Onyango Ouma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence of a fine of Kshs 50,000,000 or 12 months imprisonment for trafficking in narcotic drugs was appropriate in the circumstances.
- 2 Whether the applicant, as a first offender with limited means, should have his sentence revised to a non-custodial sentence.
Ratio Decidendi
The High Court found that the sentence of a fine of Kshs 50,000,000 or 12 months imprisonment was manifestly excessive and disproportionate given the applicant's status as a first offender, his inability to pay such a fine, the low value of the narcotic drugs involved (Kshs 12,000), and the positive presentence report recommending a non-custodial sentence. In the interest of justice and in line with the policy of decongesting prisons, the court exercised its revisionary jurisdiction to substitute the custodial sentence with a community service order for six months at the Chief's Office, Bukhayo West, Mundika Sublocation, under supervision.
Court Disposition
sentence revised; applicant to serve community service order
Orders
- The sentence of a fine of Kshs 50,000,000 or 12 months imprisonment is set aside.
- Clinton Onyango Ouma shall be released from prison to serve unpaid community service at the Chief’s Office, Bukhayo West, Mundika Sublocation for six months from the date of release, supervised by the Officer in charge of Administration Police at the said Chief’s Office.
Full Case Text
Judgment text and source record
21 paragraphs
Ouma v Republic (Criminal Revision E094 of 2022) [2022] KEHC 16793 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16793 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E094 of 2022
RE Aburili, J
December 20, 2022
Between
Clinton Onyango Ouma
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM Criminal Case No. E007 of 2022 delivered by Hon L. Sarapai PM on 14/9/2022)
Ruling
1. On September 14, 2022 the convict herein Clinton Onyango Ouma was sentenced to a fine of Kshs 50,000,000 fifty million in default to serve 12 months imprisonment for the offence trafficking in narcotic drugs. The quantity was valued at kshs 12,000. He was riding a motor cycle at the time and the motor cycle which was bought on loan was returned to Watu Credit after a Notice to show cause to forfeit it to the state was conducted. The offender is a first offender as per the presentence report dated August 25, 2022 and that he was remorseful although he maintained his innocence. His is a first offender and the community claim that he was law abiding and relates well. He is aged 27 years. The probation officer recommended anon custodial probation sentence.
2. I have examined the circumstances under which the offence was committed and the presentence report. From the social inquiry, there is no way the convict herein can raise such a fine of 50 million however lawful it is.
3. In the spirit of prison decongestion, I hereby review the sentence imposed on the convict and order that Clinton Onyango Ouma shall be released from prison to serve unpaid Community service at the Chief’s Office, Bukhayo West, Mundika Sublocation for a period of six (6) months from the date of release and shall be supervised by the Officer in charge of Administration Police at the said Chief’s Office.
4. File closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE