[2020] KEHC 7074 (KLR)
The court found that, due to the exceptional circumstances of the COVID-19 pandemic and the directive from the NCAJ to decongest prisons, combined with the convict's demonstrated good conduct and discipline in prison, it was appropriate to exercise judicial discretion under Section 35 of the Penal Code. The court...
Source-derived case information.
- Citation
- [2020] KEHC 7074 (KLR)
- Parties
- Applicant: Philip Oloo Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 48 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; remainder of prison term suspended with conditions
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Traffic Offences, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Oloo Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the convict should be revised in light of the COVID-19 pandemic and the convict's conduct in prison.
- 2 Whether the court should exercise discretion to suspend the remainder of the prison term.
Ratio Decidendi
The court found that, due to the exceptional circumstances of the COVID-19 pandemic and the directive from the NCAJ to decongest prisons, combined with the convict's demonstrated good conduct and discipline in prison, it was appropriate to exercise judicial discretion under Section 35 of the Penal Code. The court ordered the release of the convict from prison to serve the remainder of his sentence as a suspended sentence, with a warning not to reoffend within the next 12 months, failing which he would be recommitted to prison to complete the sentence.
Court Disposition
sentence revised; remainder of prison term suspended with conditions
Orders
- The convict Philip Oloo Owino shall be released from prison to serve a suspended sentence for the remainder of the prison term.
- The convict is warned not to reoffend for the next 12 months; breach will result in recommittal to prison to complete the sentence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 48 OF 2020
(CORAM: R. E. ABURILI - J.)
PHILIP OLOO OWINO…….………..……………..…………..APPLICANT
VERSUS
REPUBLIC…………………...…………….………………... RESPONDENT
(Being an Application for Revision of sentence vide Traffic Case No. 11 of 2020 in the Senior Resident Magistrate’s Court, Ukwala dated 7. 2.2020 before Hon. C.N. Sindani, SRM)
RULING
1. The convict Philip Oloo Owino was convicted and sentenced to pay fines of Kshs. 5000/= in each of the two counts of riding a motorcycle on a public road without a driving licence contrary to Section 103(B)(5) as read with Section 103(B)(7) of the Traffic Act Cap 403 of Laws of Kenya and riding a motorcycle on a public road without insurance contrary to Section 103(B)(3) as read with Section 103(B)(7) of the Insurance Act Cap 405 of the Laws of Kenya.
2. In default of the fines imposed, the convict was to serve three months imprisonment on each count, prison terms to be concurrent. This was on 7/2/2020, after the convict pleaded guilty and was convicted accordingly.
3. He has not appealed.
4. Following the outbreak of COVID-19 pandemic, NCAJ directed that courts consider short term prison terms with a view to revising them in order to decongest our prisons hence the request by Officer Incharge Siaya G.K Prisons dated 29/3/2020.
5. I have considered the request which is accompanied by an Assessment Report on the conduct, character and discipline of the convicted prisoner seeking sentence revision. The convict is said to be of good character, well behaved and disciplined, with no misconduct in prison.
6. A Social Inquiry Report would have been ideal but the necessary restrictions on accessibility of prisons by probation officers makes it impossible for visitations and necessary interviews.
7. For the above reasons, I exercise discretion under Section 35 of the Penal Code and order that the convict Philip Oloo Owino shall be released from prison to serve suspended sentence of the remainder of the prison term, with a warning not to reoffend for the next 12 months breach of which he shall be recommitted to prison to complete sentence.
8. Orders accordingly.
Dated, signed and Delivered at Siaya, this 30th Day of March, 2020.
R.E. ABURILI
JUDGE