[2020] KEHC 7157 (KLR)
The court found that the applicant, having pleaded guilty and served three months of a six-month default sentence for possession of illicit alcoholic drinks, was a suitable candidate for sentence revision. In the context of prison decongestion, the court exercised its discretion to suspend the remainder of the...
Source-derived case information.
- Citation
- [2020] KEHC 7157 (KLR)
- Parties
- Applicant: Willian Omondi Siaji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 21 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; remainder of prison term suspended; applicant released with warning
- Legal Topics
- Sentencing Revision, Illicit Alcohol Possession, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Willian Omondi Siaji
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of illicit alcoholic drinks should be revised.
- 2 Whether the applicant is entitled to a suspension of the remainder of his prison term.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and served three months of a six-month default sentence for possession of illicit alcoholic drinks, was a suitable candidate for sentence revision. In the context of prison decongestion, the court exercised its discretion to suspend the remainder of the prison term and ordered the applicant's immediate release, subject to a stern warning not to reoffend within the next six months.
Court Disposition
sentence revised; remainder of prison term suspended; applicant released with warning
Orders
- The remainder of the applicant's prison term is suspended.
- The applicant, Willian Omondi Siaji, is to be released from prison immediately.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 21 OF 2020
(CORAM: R. E. ABURILI - J.)
WILLIAN OMONDI SIAJI..…….………..………………..……...APPLICANT
VERSUS
REPUBLIC……………………….…………….……………….. RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya Criminal Case No. 1189 of 2019 dated 18. 12. 2019 before Hon. M. Mwangi, Resident Magistrate)
RULING
1. The convict WILLIAN OMONDI SIAJI was sentenced to a fine of Kshs 30,000/= in default to serve 6 months imprisonment on 18/12/2019 for the offence of being found in possession of illicit alcoholic drinks namely 32 bottles of Simba Waragi. He pleaded guilty. He has already served three months in prison.
2. I exercise discretion in the spirit of prison decongestion and suspend the remainder of the prison term and order for the release of the convict William Omondi Siaji from prison with a stern warning not to reoffend for the next 6 months.
3. Orders accordingly.
Dated, signed and Delivered at Siaya, this 20th Day of March, 2020.
R.E. ABURILI,
JUDGE