[2022] KEHC 16627 (KLR)
The court found that the applicant, having pleaded guilty to possession of a small quantity of changaa and not being a manufacturer, was a petty offender. The 30-day imprisonment was deemed excessive in the circumstances. Exercising its revisionary jurisdiction, the court revised the sentence and ordered the...
Source-derived case information.
- Citation
- [2022] KEHC 16627 (KLR)
- Parties
- Applicant: Ian Joseph Sangiwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E125 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for sentence revision allowed. Applicant released unconditionally.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Possession of Illicit Liquor, Petty Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ian Joseph Sangiwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 30 days imprisonment for possession of two litres of changaa was excessive for a petty offender.
- 2 Whether the applicant should be released unconditionally after serving part of the sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to possession of a small quantity of changaa and not being a manufacturer, was a petty offender. The 30-day imprisonment was deemed excessive in the circumstances. Exercising its revisionary jurisdiction, the court revised the sentence and ordered the applicant's unconditional release, holding that continued incarceration was not justified for such a minor offence.
Court Disposition
Application for sentence revision allowed. Applicant released unconditionally.
Orders
- The 30 days imprisonment imposed on Ian Joseph Sangiwa is revised.
- Ian Joseph Sangiwa is to be released from prison unconditionally, forthwith, unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
Sangiwa v Republic (Criminal Revision E125 of 2022) [2022] KEHC 16627 (KLR) (21 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16627 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E125 of 2022
RE Aburili, J
December 21, 2022
Between
Ian Joseph Sangiwa
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Bondo PM’s Criminal Case No. E744 of 2022 delivered by Hon. S.W. Mathenge, Senior Resident Magistrate on 8. 12. 2022)
Ruling
1. On 8/12/2022, the convict Ian Joseph Sangiwa was sentenced to serve 30 days imprisonment for possessing changaa to wit, two (2) litres.
2. He has served 15 days as he was arrested on 7/12/2022. He pleaded guilty.
3. As the convict is not a manufacturer and the quantity was little, I consider him a petty offender. I hereby revise the 30 days imprisonment and order that Ian Joseph Sangiwa be released from prison unconditionally, forthwith, unless otherwise lawfully held.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 21ST DAY OF DECEMBER, 2022R.E. ABURILIJUDGE