Mary Akoth Opany v State [2020] KEHC 524 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. E023 OF 2020

MARY AKOTH OPANY...................................................................PETITIONER

VERSUS

STATE................................................................................................RESPONDENT

(Being an application of Revision of Sentence in Siaya PMCCRC 150 of 2020

delivered on 23. 10. 2020  before Hon. J. Ongondo - PM)

RULING

1. I have considered the application for Sentence Revision by the convict/applicant MARY AKOTH OPANY.  The Convict is serving 5 months imprisonment from 23. 10. 2020 for being convicted of being found in possession of alcoholic drinks.  She pleaded guilty.  She was fined KShs.30,000/= which she is unable to pay.

2. The trial Court record shows that she is a first offender.  That being the case, and as the Convict has already served ½ of the lawful prison term imposed. I hereby set aside the remainder of the prison term and order for the conditional discharge of the Convict Mary Akoth Opany, from prison, not to re-offend within six months of the date of release in-default she shall be send back to prison to complete sentence.

3. Therefore, unless otherwise lawfully held, Mary Akoth Opany is hereby set at liberty as stated above on a conditional discharge.

4. File closed.

5. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 18th DAY OF DECEMBER, 2020.

R.E. ABURILI

JUDGE