[2019] KEHC 29 (KLR)
The court found that while the sentence imposed on the applicant was lawful and lenient, it was appropriate to exercise judicial discretion to revise the sentence in order to decongest the prison. The applicant, having already served two months of the custodial sentence, was granted a conditional discharge on the...
Source-derived case information.
- Citation
- [2019] KEHC 29 (KLR)
- Parties
- Applicant: Tom Jasper Adino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 102 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant conditionally discharged
- Judges
- RE Aburili
- Legal Topics
- Narcotic Drugs Possession, Sentencing Revision, Conditional Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tom Jasper Adino
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 possession of narcotic drugs was lawful and appropriate.
- 2 Whether the court should exercise its discretion to revise the sentence to decongest the prison.
Ratio Decidendi
The court found that while the sentence imposed on the applicant was lawful and lenient, it was appropriate to exercise judicial discretion to revise the sentence in order to decongest the prison. The applicant, having already served two months of the custodial sentence, was granted a conditional discharge on the condition that he does not commit any offence within the next six months. If he breaches this condition, he will be required to serve the remainder of the original sentence. This approach balances the interests of justice, the need for deterrence, and the public interest in reducing prison congestion.
Court Disposition
sentence revised; applicant conditionally discharged
Orders
- The applicant Tom Jasper Adino is conditionally discharged on the condition that he does not commit any offence within the next six months.
- In the event of breach, the applicant shall serve the remainder of the original sentence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 102 OF 2019
TOM JASPER ADINO......................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
(Being an Application for Revision of sentence against sentence in Criminal Case No. 972 of 2019 at Siaya Principal Magistrate’s Court, delivered on 18. 9.2019)
RULING
1. The convict Tom Jasper Adino was convicted on 9/10/2019 for the offence of being in possession of narcotic drugs contrary Section 3(2) of the Narcotics and psychotropic substances Drugs Control Act No. 4/1994 vide Siaya PM Cr. Case No. 972/2019. He was sentenced to serve 6 months in prison for defaulting a fine Kshs. 20,000/=.
2. He has already served 2 months of the prison term. The sentence is lawful and lenient. However, I exercise judicial discretion in sentence revision to decongest the prison and order for conditional discharge of the convict Tom Jasper Adino not to commit any offence in the next 6 months and in breach thereof he shall be sent to prison to complete the remaining term.
3. File closed.
4. Orders accordingly.
Dated, signed and delivered at Siaya this 20th Day of December 2019
R.E. ABURILI
JUDGE