[2022] KEHC 12841 (KLR)
The court found that the applicant, having served a significant portion of his custodial sentence and demonstrated remorse, positive behavioral change, and family reconciliation, was a suitable candidate for a non-custodial sentence. The recovery of the stolen property and the applicant's young age further supported...
Source-derived case information.
- Citation
- [2022] KEHC 12841 (KLR)
- Parties
- Applicant: Felix Omondi Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E026 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant released to probation
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Probation Orders, Burglary Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Omondi Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of his circumstances and the recommendations of the probation officer.
- 2 Whether the applicant should be released from prison to serve the remainder of his sentence on probation.
Ratio Decidendi
The court found that the applicant, having served a significant portion of his custodial sentence and demonstrated remorse, positive behavioral change, and family reconciliation, was a suitable candidate for a non-custodial sentence. The recovery of the stolen property and the applicant's young age further supported the appropriateness of probation. The court exercised its discretion to revise the sentence, ordering the applicant's immediate release from prison to serve the remainder of his sentence on probation under supervision, guidance, and counseling, with a warning not to reoffend.
Court Disposition
sentence revised; applicant released to probation
Orders
- The applicant Felix Omondi Otieno shall be released forthwith from prison to serve the remainder of his sentence on probation under the supervision of the Probation Officer, Bondo.
- The applicant is to be guided and counseled and not to reoffend.
Full Case Text
Judgment text and source record
21 paragraphs
Felix Omondi Otieno v Republic (Criminal Revision E026 of 2022) [2022] KEHC 12841 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12841 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E026 of 2022
RE Aburili, J
August 8, 2022
Between
Felix Omondi Otieno
Applicant
and
Republic
Respondent
Ruling
1. The convict is Felix Omondi Otieno. He was convicted and sentenced to serve 2 years imprisonment on 9/11/2021 for the offence of Burglary contrary to Section 305(2) of the Penal Code. He was jointly charged with Geoffrey Odhiambo Omondi and both pleaded not guilty but later they pleaded guilty and were convicted on their own Pleas of guilty and sentenced after mitigation and Presentence reports filed in court by Leakey Lugalia on 9/11/2021. His co-convict was sentenced to serve 2 years in probation while the accused herein was given custodial sentence because of his alleged bad character and antecedents and his family’s request that he be incarcerated to reform as he was a bad influence.
2. I have considered the Sentence Review Report filed in court on 2/8/2022 by the same Probation Officer, Leakey Lugalia who interviewed the convict who is said to be remorseful and that his parents too, who had issues with him over his criminal tendencies have now agreed to accept him saying his incarceration has reformed him.
3. The convict is said to be well behaved in prison and is now engaged in farm work and gardening. He is 23 years old hence a young adult who needs to be guided and counseled further on the need to be a responsible citizen. He used to be a miner in Ramba and is willing to seek forgiveness from his family for the bad behavior that he exhibited.
4. Having considered all the above and the circumstances of the offence where 2 metallic beds were stolen but recovered, I hereby order that the convict Felix Omondi Otieno who has been in prison since 9/11/2021 shall be released forthwith to serve non-custodial sentence on probation for the remainder of the his prison term from the date of his release, under close supervision, guiding and counseling of the Probation Officer, Bondo and not to reoffend.
5. I so order.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE