[2019] KEHC 1200 (KLR)
The court found that the applicant, having been a first offender and having already served three years of the imposed five-year sentence, had served a sufficient sentence. The court exercised its discretion to set aside the balance of the sentence, considering the applicant's remorse, family circumstances, and the...
Source-derived case information.
- Citation
- [2019] KEHC 1200 (KLR)
- Parties
- Applicant: Stephen Omondi Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 54 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed. Balance of sentence set aside. Applicant to be released unless otherwise lawfully held.
- Legal Topics
- Wildlife Offences, Sentencing Principles, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive or warranted revision.
- 2 Whether the applicant's status as a first offender and time already served justified setting aside the remaining sentence.
Ratio Decidendi
The court found that the applicant, having been a first offender and having already served three years of the imposed five-year sentence, had served a sufficient sentence. The court exercised its discretion to set aside the balance of the sentence, considering the applicant's remorse, family circumstances, and the principle of proportionality in sentencing. The court determined that further incarceration was not warranted in the circumstances of the case.
Court Disposition
Application for revision allowed. Balance of sentence set aside. Applicant to be released unless otherwise lawfully held.
Orders
- The balance of the sentence is set aside.
- The applicant is to be forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 54 OF 2019
STEPHEN OMONDI OWINO......APPLICANT
VERSUS
REPUBLIC................................RESPONDENT
RULING
1. The Applicant was the 3rd accused in Kibera Chief Magistrate’s Court Cr.Case No. 965 of 2016. He was charged with dealing in Wildlife Trophy contrary to Section 84(a) as read with Section 92 and Section 105 of the Wildlife Conservation and Management Act, 2013.
2. It was alleged that on the 26th day of February, 2016 at around 15. 40 hrs near Naivas Supermarket in Donholm within Nairobi County, jointly dealt in 3 pieces of raw elephant tusks weighing 25 kgs with a street value of Kshs. 2. 5 million, without a license.
3. The Applicant after conviction was sentenced to pay a fine of Kshs. 1,000,000/= or serve five years imprisonment. He also pleads for leniency stating that he is remorseful and has a family to take care of.
4. The record of proceedings shows that the Applicant was a first offender. He was sentenced on 10/12/2016 and has therefore served the three years of the jail term. I consider this to be sufficient sentence.
5. In sum, I set aside the balance of the sentence and order that the Applicant be forthwith set free unless otherwise lawfully held. It is so ordered.
DATED and DELIVERED this 16th day ofDecember, 2019
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant present in person
2. M/s Akunja for the Respondent.