[2019] KEHC 6917 (KLR)
The court found that the applicant had served a substantial portion of his sentence, demonstrated remorse, and had a positive rehabilitation record. The stolen property was recovered and restituted to the victim, who did not object to a non-custodial sentence. The Probation Officer's report was favorable, and the...
Source-derived case information.
- Citation
- [2019] KEHC 6917 (KLR)
- Parties
- Applicant: John Omondi Audi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 281 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Application for revision of sentence allowed. Custodial sentence substituted with community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Burglary and Stealing, Probation Reports, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omondi Audi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of the circumstances and rehabilitation.
- 2 Whether the applicant qualifies for a non-custodial sentence given the recovery of stolen property and positive probation report.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his sentence, demonstrated remorse, and had a positive rehabilitation record. The stolen property was recovered and restituted to the victim, who did not object to a non-custodial sentence. The Probation Officer's report was favorable, and the applicant's family supported his reintegration. In the interest of prison decongestion and rehabilitation, the court exercised its discretion to revise the sentence, substituting the remaining custodial term with a community service order under supervision.
Court Disposition
Application for revision of sentence allowed. Custodial sentence substituted with community service order.
Orders
- The applicant shall be released from prison to perform unpaid community service at Bondo Sub-County Hospital for one month from the date of release.
- The applicant shall be under the supervision of the Siaya County Probation Director.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 281 OF 2018
(CORAM: R. E. ABURILI - J.)
JOHN OMONDI AUDI............................................APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
(Being an appeal against conviction and sentence on a judgment delivered on 14/9/2012 at the RM’s Bondo Law Court, before Hon. B.R. Kipyegon, RM)
RULING
1. The convict,John Omondi Audi was on 19. 9.2012 convicted for the offence of Burglary and Stealing contrary to Section 301(1) and 279(B) of the Penal Code. He was sentenced to serve 9 years and 11 months’ imprisonment which was exclusive of the period he had been remanded.
2. During sentencing before the trial court, the Probation Report was filed but it was not in favour of the Applicant/Convict.
3. I note that the convict pleaded guilty to the charges and the property stolen was recovered and restituted to the victim complainant.
4. He has been in prison for now close to 7 years. The victim has no issue with non-custodial sentence since she recovered all her stolen items. This is as per the Probation Officer’s Report dated 4/2/2019.
5. His family members speak well of him as a hardworking person. He requires reintegration back into the community. He is remorseful and did not waste the trial court’s time by pleading guilty to the charges.
6. Having served a substantial part of his prison term and as there is a positive report of his rehabilitation while in prison, I exercise discretion and allow the Application for Revision of sentence which was nonetheless lawful.
7. In the spirit of Prison Decongestion and to accord the convict an opportunity to be rehabilitated in society, I hereby order that the Convict/Applicant shall be released from Prison to perform unpaid Community Service at Bondo Sub-County Hospital for a period of one month from the date of his release. He shall be under supervision of the Siaya County Probation Director.
Orders accordingly.
Dated, Signed and Delivered in Open Court at Siaya this 12th Day of March 2019.
R.E. ABURILI
JUDGE