[2020] KEHC 7155 (KLR)
The court found that the applicant, having pleaded guilty and shown remorse, had already served half of the default custodial sentence due to inability to pay the fine. The applicant's good conduct in prison and the lack of a probation report due to COVID-19 restrictions were considered. In the interest of justice,...
Source-derived case information.
- Citation
- [2020] KEHC 7155 (KLR)
- Parties
- Applicant: Stephen Omondi Obonyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 22 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released on suspended sentence for remainder of term, not to reoffend for 12 months
- Legal Topics
- Sentencing Revision, Manufacture of Illicit Liquor, Plea of Guilty, Mitigation, Prison Decongestion
- 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
Stephen Omondi Obonyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for manufacturing changaa should be revised in light of his inability to pay the fine and his conduct in prison.
- 2 Whether the applicant's circumstances and the COVID-19 situation justify an order for early release or suspended sentence.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and shown remorse, had already served half of the default custodial sentence due to inability to pay the fine. The applicant's good conduct in prison and the lack of a probation report due to COVID-19 restrictions were considered. In the interest of justice, prison decongestion, and the applicant's personal circumstances, the court exercised its discretion to order the applicant's release on a suspended sentence for the remainder of the term, with a condition not to reoffend for the next 12 months.
Court Disposition
sentence revised; applicant released on suspended sentence for remainder of term, not to reoffend for 12 months
Orders
- The applicant Stephen Omondi Obonyo shall be released from prison on a suspended sentence for the remainder of the prison term, on condition not to reoffend for the next 12 months.
- Unless otherwise lawfully held, the applicant shall be set at liberty forthwith.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 22 OF 2020
(CORAM: R. E. ABURILI - J.)
STEPHEN OMONDI OBONYO...............................................APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya
Criminal Case No. 1190 of 2019 dated 18. 12. 2019before Hon. M. Mwangi, Resident Magistrate)
RULING
1. The convict Stephen Omondi Obonyo was convicted on his own plea of guilty for the offence of manufacturing changaa (20 litres of Kangara).
2. He was fined Kshs. 15,000/= in default to serve 6 months imprisonment. He is unable to raise the fine. This was on 18/12/2019 hence he has served 3 months.
3. The Prison’s report on his general conduct, discipline and character shows that he is of good conduct and disciplined and remorseful.
4. In mitigation, he urged the convicting court to forgive him as this was his first mistake and that his wife died so he needed to take care of his child. Whether this is true or not that he is a widower and has an orphaned child is not clear as no probation report was called for. Nonetheless, the plea was unequivocal and the convict is remorseful. He has served half of the lawful and lenient 6 months imprisonment as he has not raised the Kshs. 15,000/= fine imposed.
5. Due to the COVID-19 situation, a Probation report may not be forthcoming as Probation officers cannot access prison to interview inmates.
6. For the above reasons, I exercise discretion and in the spirit of prison decongestion, order that the convict Stephen Omondi Obonyo shall be released from prison on suspended sentence of the remainder prison term not to reoffend for the next 12 months. Therefore, unless otherwise lawfully held, the convict Stephen Omondi Obonyo shall be set at liberty forthwith.
7. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI,
JUDGE