[2022] KEHC 16838 (KLR)
The court found that, since the applicant had not appealed and there was no application for sentence enhancement, and given the absence of evidence that the applicant was a repeat offender, the interests of justice and the policy of prison decongestion justified a revision of the custodial sentence. The court...
Source-derived case information.
- Citation
- [2022] KEHC 16838 (KLR)
- Parties
- Applicant: Charles Awura Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E100 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; custodial sentence substituted with probation
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Attempted Defilement, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Awura Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for attempted defilement should be revised in the absence of an appeal or sentence enhancement application.
- 2 Whether the applicant qualifies for a non-custodial sentence in the interest of prison decongestion.
Ratio Decidendi
The court found that, since the applicant had not appealed and there was no application for sentence enhancement, and given the absence of evidence that the applicant was a repeat offender, the interests of justice and the policy of prison decongestion justified a revision of the custodial sentence. The court exercised its revisionary jurisdiction to substitute the remaining custodial sentence with a non-custodial probation order for 18 months.
Court Disposition
sentence revised; custodial sentence substituted with probation
Orders
- The sentence of 3 years imprisonment is reviewed and substituted with an order that the applicant shall serve 18 months on probation unless otherwise lawfully held.
- The applicant shall be released from prison to serve the probation order.
Full Case Text
Judgment text and source record
20 paragraphs
Owino v Republic (Criminal Revision E100 of 2022) [2022] KEHC 16838 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16838 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E100 of 2022
RE Aburili, J
December 20, 2022
Between
Charles Awura Owino
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM’s Sexual Offence Case No. 33 of 2020 delivered by Hon. C.I. Agutu, Senior Resident Magistrate on 25. 3.2022)
Ruling
1. On 25/3/2022, the convict herein Charles Awura Owino was sentenced to serve 3 years imprisonment for the offence of attempted defilement. He has not appealed and no sentence enhancement was sought.
2. In the spirit of prison decongestion as there was no evidence that he is a repeat offender, I hereby review the sentence imposed and order that the convict Charles Awura Owino shall unless otherwise lawfully held, be released from prison to serve 18 months on probation.
3. I so order.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE