[2020] KEHC 7125 (KLR)
The court found that, given the applicant's positive conduct in prison, the family relationship between the applicant and the victim, and the need to promote reconciliation, it was appropriate to revise the custodial sentence. The remainder of the prison term was suspended, and the applicant was ordered to report to...
Source-derived case information.
- Citation
- [2020] KEHC 7125 (KLR)
- Parties
- Applicant: Samuel Otieno Odawa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 34 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; custodial sentence suspended; applicant released on conditions
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Family Relationships in Criminal Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Otieno Odawa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was appropriate in the circumstances of the case.
- 2 Whether the court should exercise its discretion to revise the sentence in light of the family relationship and conduct report.
Ratio Decidendi
The court found that, given the applicant's positive conduct in prison, the family relationship between the applicant and the victim, and the need to promote reconciliation, it was appropriate to revise the custodial sentence. The remainder of the prison term was suspended, and the applicant was ordered to report to the police monthly for three months and warned not to reoffend for one year. The court exercised its discretion to promote family harmony and rehabilitation rather than continued incarceration.
Court Disposition
sentence revised; custodial sentence suspended; applicant released on conditions
Orders
- The remainder of the applicant's prison sentence is suspended.
- The applicant shall be released from prison immediately.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 34 OF 2020
(CORAM: R. E. ABURILI - J.)
SAMUEL OTIENO ODAWA......APPLICANT
VERSUS
REPUBLIC.............................. RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Bondo Criminal Case No. 151 of 2019 dated 31. 1.2020 before Hon. S.W. Mathenge, Resident Magistrate)
RULING
1. The convict SAMUEL OTIENO ODAWA is the stepson to the victim of assault causing actual bodily harm. He was convicted after a full hearing and after mitigation he was sentenced to a fine of Kshs. 40,000/= in default to serve 5 months imprisonment on 31/1/2020.
2. He has now served 1½ months imprisonment. He did not mitigate although he was represented by an advocate and that could either be because he is arrogant or he did not find it necessary to do so. He has not appealed.
3. I have considered the request for Sentence Revision, the circumstances under which the offence was committed and the family relationship between the convict and the victim step mother.
4. This is a matter where promotion of reconciliation is necessary, among family members. I exercise discretion and revise the prison sentence and order that the convict whose report on general conduct, discipline and character, from Officer Incharge, Siaya G.K Prison is positive, shall be released from prison on suspended sentence of the remainder of the prison term and upon release he shall be reporting to the OCS, Aram Police Station every month on a Friday commencing 27/3/2020 for the next three months. He is warned not to reoffend for the next one year.
5. Orders accordingly.
Dated, signed and delivered at Siaya, this 20th Day of March 2020.
R.E. ABURILI
JUDGE