[2020] KEHC 7084 (KLR)
The court found that the applicant, having pleaded guilty, being a first offender, and having served the majority of his sentence with good conduct and rehabilitation, merited a revision of his sentence. The inability to obtain a social inquiry report due to COVID-19 restrictions did not outweigh the positive...
Source-derived case information.
- Citation
- [2020] KEHC 7084 (KLR)
- Parties
- Applicant: Peter Odongo Odinya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 52 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released forthwith
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Stealing Stock, Mitigation, First Offender, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Odongo Odinya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for stealing stock should be revised in light of his conduct, mitigation, and time already served.
- 2 Whether the applicant qualifies for release on a non-custodial sentence given the recommendations and circumstances.
Ratio Decidendi
The court found that the applicant, having pleaded guilty, being a first offender, and having served the majority of his sentence with good conduct and rehabilitation, merited a revision of his sentence. The inability to obtain a social inquiry report due to COVID-19 restrictions did not outweigh the positive recommendations from the prison authorities. The court exercised its discretion to reduce the sentence to the period already served and ordered the applicant's immediate release, considering the interests of justice and the applicant's imminent eligibility for release due to remission.
Court Disposition
sentence revised; applicant released forthwith
Orders
- The applicant Peter Odongo Odinya is released from prison forthwith.
- The sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 52 OF 2020
(CORAM: R. E. ABURILI - J.)
PETER ODONGO ODINYA..............................APPLICANT
VERSUS
REPUBLIC..................................................... RESPONDENT
(Being an Application for Revision of sentence vide Criminal Case No. 837 of 2015 in the Principal Magistrate’s Court, Bondo dated 9. 9.2015 before Hon. M. Obiero, PM)
RULING
1. The convicted prisoner herein Peter Odongo Odinya was convicted and sentenced to serve 7 years imprisonment for the offence of stealing stock contrary to Section 278 of the Penal Code.
2. He pleaded guilty to the charge. In his mitigation it was noted that he was a first offender and he pleaded for leniency saying he used to work for the Complainant.
The value of the stolen animal (bull) was Kshs. 20,000/= the property of Margaret Adhiambo Janga. The said bull was never recovered. He was sentenced on 9/9/2015. He has therefore served 4 years and 6 months of the 7 years imprisonment meted out.
3. The letter from Officer In charge Kibos Medium Prison filed in this court this 30th March 2020 provides the general conduct, character and discipline of the convict to be good. He has no record of offences against Prison Rules and Discipline.
4. He is also due for release on 9th May 2020 taking into account remission. He is married with 3 children. He has now been trained as a carpenter and the Officer In charge Kibos G.K Medium Prison recommends for the release of the convict on any non-custodial sentence. He is 36 years old.
5. This court is unable to obtain a social inquiry report on the convict due to the necessary restrictions occasioned by COVID-19 pandemic making it impossible for probation officers to visit the convict and his relatives or the complainant for interviews.
6. Based on the report from Officer In charge Kibos G.K Medium Prison and the fact that the convict pleaded guilty and he was a first offender, who has only two months left to complete his sentence, I hereby exercise discretion and order for the release of the convict Peter Odongo Odinya from prison forthwith. His sentence is reduced to the period already served.
7. Orders accordingly.
Dated, signed and Delivered at Siaya, this 30th Day of March, 2020.
R.E. ABURILI
JUDGE