[2020] KEHC 7080 (KLR)
The court exercised its discretion to revise the applicant's custodial sentence, taking into account the applicant's status as a second offender, the partial service of the sentence, the positive assessment report regarding his conduct, and the urgent need to decongest prisons during the COVID-19 pandemic. The court...
Source-derived case information.
- Citation
- [2020] KEHC 7080 (KLR)
- Parties
- Applicant: Salim Mohammed Asman; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 47 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed; custodial sentence revised to suspended sentence with reporting conditions.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Narcotic Drugs Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Salim Mohammed Asman
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant should continue serving the custodial sentence or be released on a suspended sentence due to the circumstances.
- 2 Whether the applicant's status as a second offender and his conduct in prison affect the appropriateness of sentence revision.
- 3 Whether the COVID-19 pandemic and the need for prison decongestion justify altering the sentence.
Ratio Decidendi
The court exercised its discretion to revise the applicant's custodial sentence, taking into account the applicant's status as a second offender, the partial service of the sentence, the positive assessment report regarding his conduct, and the urgent need to decongest prisons during the COVID-19 pandemic. The court found that these factors justified releasing the applicant from prison to serve the remainder of his sentence on a suspended basis, subject to weekly reporting to the police. The decision balances the interests of justice, public health, and the applicant's rehabilitation prospects.
Court Disposition
Application for revision of sentence allowed; custodial sentence revised to suspended sentence with reporting conditions.
Orders
- The applicant Salim Mohammed Asman shall be released from prison to serve the remainder of the prison term on suspended sentence.
- The applicant shall report to the OCS Ugunja Police Station every Friday of the week upon his release until the suspended sentence term is over.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 47 OF 2020
(CORAM: R. E. ABURILI - J.)
SALIM MOHAMMED ASMAN.....................APPLICANT
VERSUS
REPUBLIC................................................... RESPONDENT
(Being an Application for Revision of sentence vide Criminal Case No. 128 of 2018 in the Senior Resident Magistrate’s Court, Ukwala dated 4. 3.2020 before Hon. C.I. Agutu, SRM)
RULING
1. The convict herein Salim Mohammed Asman is a second offender for the same offence of being found in possession of narcotic drugs in this subject of Ukwala SRM Cr. Case No. 128/2018and in Ukwala SRM Cr. Case No. 28/2020. In the latter case, he was sentenced to serve 6 months imprisonment but this court has already quashed the sentence as the plea was unequivocal and fatally defective.
2. In the instant matter subject of Ukwala SRM Cr. Case No. 128/2018, the convict was sentenced to serve Community Service Order for 6 months following a plea of guilty but he breached the terms and conditions of CSO so he was arrested and committed to serve 46 days in prison on 4/3/2020 and sentence was to run concurrent with sentence in Cr. Case No. 28/2020 which is now concluded vide Cr. Revision 46 of 2020.
3. The convict has served about 26 days in prison and the Assessment Report filed by SSP Joseph K. Mwalo, Officer Incharge, Siaya G.K Prison dated 29/3/2020 shows that he is disciplined and of good conduct albeit a second offender.
4. Exercising discretion to promote prison decongestion in this COVID-19 pandemic era, I hereby order that the convict Salim Mohammed Asman shall be released from prison to serve the remainder of the prison term on suspended sentence and being a repeat offender, to report to the OCS Ugunja Police Station every Friday of the week upon his release until the suspended sentence term is over.
5. Orders accordingly.
Dated, signed and Delivered at Siaya, this 30th Day of March 2020.
R.E. ABURILI
JUDGE