BENSON NYANGOTO MONAYO VS ODPP BENSON NYANGOTO MONAYO VS ODPP

The Applicant herein, Benson Nyangoto Monayo, was convicted for the offence of impersonation of a police officer contrary to Section 101(b) of the Police Act 2011 and sentenced to serve 4 years’ imprisonment. He filed an application dated 26^th June 2024 seeking a review of his sentence to a non-custodial sentence on the basis that he is seriously ill and has on several occasions been in and out of hospital.
The Respondent’s counsel, Mr. Chirchir, did not oppose the Application and urged this court to allow it on humanitarian basis in view of the Applicant’s deteriorating health condition.
I have considered the application together with the supporting affidavit and annexures. I note that the applicant’s medical records indicate that he suffers from acute urinary retention and has been fitted with a catheter to enable him pass urine. I also note that the applicant has been in prison since November 2023 which means that he has already served almost one year out of his 4 years imprisonment term.
I am of the view that the period has so far spent in custody is sufficient punishment for the offence and that his continued stay in prison will be detrimental to his health.
For the above reasons I find that the application for sentence review is merited and I therefore set aside the 4 years’ sentence and substitute it with the period that the Applicant has already served in prison. I direct that the Applicant be set at liberty forthwith unless he is otherwise lawfully held.
It is so ordered.