[2020] KEHC 7141 (KLR)
The court found that although the sentences imposed were lawful and lenient, the applicant's status as a first offender, his inability to pay the fines, and the positive report on his conduct justified a revision of the sentence. The court exercised its discretion to suspend the remainder of the prison term,...
Source-derived case information.
- Citation
- [2020] KEHC 7141 (KLR)
- Parties
- Applicant: Stephen Ouma Owiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 24 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; remainder of prison term suspended; applicant released on condition not to reoffend for 6 months
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Possession of Alcoholic Drinks, First Offender, Mitigation, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ouma Owiti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant, a first offender, was excessive or warranted revision.
- 2 Whether the applicant's inability to pay the fine and his status as a first offender justified suspension of the remaining prison term.
Ratio Decidendi
The court found that although the sentences imposed were lawful and lenient, the applicant's status as a first offender, his inability to pay the fines, and the positive report on his conduct justified a revision of the sentence. The court exercised its discretion to suspend the remainder of the prison term, emphasizing the need to avoid overcrowding prisons with petty offenders and to consider the social and economic circumstances of the convict. The applicant was ordered to be released forthwith on a suspended sentence, conditional on not reoffending for six months.
Court Disposition
sentence revised; remainder of prison term suspended; applicant released on condition not to reoffend for 6 months
Orders
- The remainder of the prison term imposed on the applicant is suspended.
- The applicant, Stephen Ouma Owiti, shall be released from prison forthwith on a suspended sentence not to reoffend for the next 6 months.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 24 OF 2020
(CORAM: R. E. ABURILI - J.)
STEPHEN OUMA OWITI........................APPLICANT
VERSUS
REPUBLIC.............................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya Criminal Case No. 46 of 2020 dated 21. 1.2020 before Hon. J. Ong’ondo, Principal Magistrate)
RULING
1. On 21/1/2020 the convict STEPHEN OUMA OWITI pleaded guilty to 2 counts of being in possession of alcoholic drinks namely 2 litres of Changaa and 6 bottles of Simba Waragi.
2. He was fined in Count 1 to pay a fine of Kshs 2,000/= in default to serve 1-month imprisonment and in Count II he was fined Kshs 10,000/= in default to serve 3 months imprisonment. There is no indication as to whether the sentences are to run consecutively or concurrently.
3. The convict is a first offender and mitigated saying he is sorry and that he is a sole bread winner.
4. The plea was unequivocal. The sentences meted out are lawful and lenient. However, as the convict is a first offender and prayed for leniency, the officer in charge GK prisons has filed a positive report on his general conduct, character and industry.
5. In view of the fact that there are more serious offences requiring prison sentences but with petty offenders filling up our prisons, I hereby revise the prison terms imposed on the convict whose social and economic status cannot allow him raise a fine of Kshs 12,000/- and order that the remainder of the prison term be suspended.
6. Accordingly, the convict Stephen Ouma Owiti shall be released from prison forthwith on suspended sentence not to reoffend for the next 6 months.
7. Orders accordingly
Dated, signed and delivered at Siaya, this 20th Day of March 2020.
R.E. ABURILI
JUDGE