[2018] KEHC 4622 (KLR)
The court found that, although the applicant initially took the prosecution and court through unnecessary motions, he is now remorseful, elderly, and suffers from health issues that make custodial or community service orders unsuitable. The court determined that a probation order would serve the interests of justice...
Source-derived case information.
- Citation
- [2018] KEHC 4622 (KLR)
- Parties
- Applicant: Pius Onyango Nyando; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 135 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Revision of Sentence
- Outcome
- sentence revised and substituted with probation order
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Alcoholic Drinks Control, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Onyango Nyando
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for manufacturing alcoholic drinks should be revised.
- 2 Whether the applicant's age, health, and remorse justify a non-custodial sentence.
Ratio Decidendi
The court found that, although the applicant initially took the prosecution and court through unnecessary motions, he is now remorseful, elderly, and suffers from health issues that make custodial or community service orders unsuitable. The court determined that a probation order would serve the interests of justice by allowing the applicant to be rehabilitated and counseled, while also enabling him to support his family. The sentence of a fine or imprisonment was therefore revised and substituted with a probation order for seven months under close supervision.
Court Disposition
sentence revised and substituted with probation order
Orders
- The applicant shall be placed on probation for a period of 7 months from the date of release from prison under close supervision of the Probation Officer, Siaya County.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
HC CR. REV. NO. 135 OF 2018
(CORAM: R. E. ABURILI - J.)
PIUS ONYANGO NYANDO...............................................APPLICANT
VERSUS
REPUBLIC.......................................................................RESPONDENT
RULING ON REVISION
The Applicant/Convict is Pius Onyango Nyando. He was convicted of the offence of manufacturing alcoholic drinks contrary to Section 32(1) (b) of the Alcoholic Drinks Control Act No. 4 of 2010 and he pleaded not guilty before Ukwala SRM, Hon. G. Adhiambo. He was tried and found guilty of the offence and sentence to pay a fine of Kshs. 100,000/= in default to serve 12 months imprisonment on 25th May 2018.
He has not appealed and pleads for revision of his sentence. He is 67 years old, married with 5 children; some in college and others in high school, according to the Probation Officer’s report dated 15th July 2018 signed by David Ojow, Probation Officer, Siaya.
He is now remorseful and willing to change his trade to fend for his family.
I have considered his plea though belated, but the convict appears to have learnt his lessons as an elderly person. He however is said to be cunning and that is why he took the Prosecution and the Court through wasteful motions of the trial leading to his conviction and sentence.
He suffers from lower back pains associated with old age. He may not be useful for CSO. He can however be rehabilitated and counseled to live a life free from crime to engage in alternative trades to fend for his family.
In the premises, I revise his sentence and substitute it with an order that Applicant/Convict shall be placed on Probation for a period of 7 months from the date of release from prison, under close supervision of the Probation Officer, Siaya County.
Dated, Signed and Delivered at SIAYA this 31ST DAY OF JULY 2018.
R.E. ABURILI
JUDGE