[2020] KEHC 7143 (KLR)
The court found that the applicant, a first offender, had already served a substantial portion of his sentence both on community service and in prison. The original sentence was lawful and lenient, but in view of the short remaining term and the need for prison decongestion, the court exercised its revisionary...
Source-derived case information.
- Citation
- [2020] KEHC 7143 (KLR)
- Parties
- Applicant: Patrick Otieno Ogut; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 41 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released unless otherwise lawfully held
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Assault Causing Actual Bodily Harm, Community Service Orders, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Otieno Ogut
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of 4 months imprisonment imposed after absconding community service was lawful and appropriate.
- 2 Whether the applicant should benefit from sentence revision in light of time already served and prison decongestion policy.
Ratio Decidendi
The court found that the applicant, a first offender, had already served a substantial portion of his sentence both on community service and in prison. The original sentence was lawful and lenient, but in view of the short remaining term and the need for prison decongestion, the court exercised its revisionary powers to substitute the remainder of the custodial sentence with the period already served. The applicant was thus entitled to immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; applicant released unless otherwise lawfully held
Orders
- The remainder of the 4 months imprisonment is revised to the period already served on community service and in prison.
- The applicant Patrick Otieno Ogut is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 41 OF 2020
(CORAM: R. E. ABURILI - J.)
PATRICK OTIENO OGUT.......APPLICANT
VERSUS
REPUBLIC..............................RESPONDENT
(Being an Application for revision of sentence vide Senior Resident Magistrate’s Court, Ukwala Criminal Case No. 149 of 2019 dated 10. 2.2020 before Hon. C.N. Sindani, Senior Resident Magistrate)
RULING
1. The convict PATRICK OTIENO OGUTis serving 4 months’ imprisonment vide a judgment in Ukwala SRM Cr. Case No. 149/2019 rendered on 10. 2.2020 by Hon. C.N. Sindani, SRM following the conviction for the offence of assault causing actual bodily harm.
2. He had been placed on community service for 8 months but he absconded and on being arrested he was sentenced to serve 4 months imprisonment. He has now served one month and 9 days of the 4 months. In his mitigation, he conceded absconding because his employer fired him.
3. The convict also pleaded guilty to the charge of assault causing actual bodily harm in the lower court and the probation officer filed a report dated 18/4/2019 showing that the convict was suitable for community service, which sentence he served for 4 months of the 8 months before he absconded. The sentence imposed was lawful and lenient.
4. The Complainant did not sustain serious injuries and was his neighbour by virtue of his being employed in the area as a shamba boy. The employer had promised to retain him in employment if he was given community service but he later sacked him. The convict is a first offender.
5. In my view, the convict can safely benefit from prison decongestion as the sentence is short and he has served part of it substantially.
6. That being the case, I revise the remainder of the sentence of 4 months imprisonment imposed on the convict and order that the convict Patrick Otieno Ogut is hereby sentenced to the period already served on CSO and in prison.
7. Therefore, unless otherwise lawfully held, the convict Patrick Otieno Ogut is hereby set at liberty.
Dated, signed and delivered at Siaya, this 19th Day of March 2020.
R.E. ABURILI
JUDGE