[2023] KEHC 23928 (KLR)
The court found that the applicants, convicted of murder and serving a thirty-year imprisonment sentence after the death penalty was set aside on appeal, did not qualify for sentence revision. The court emphasized the seriousness of the offence and the fact that the applicants still had over twenty years remaining...
Source-derived case information.
- Citation
- [2023] KEHC 23928 (KLR)
- Parties
- Applicant: Carilus Omondi Mboga; Applicant: Rosemary Apondi Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Murder Conviction, Custodial Sentence, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Carilus Omondi Mboga
Applicant
Rosemary Apondi Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicants are entitled to a revision of their thirty-year imprisonment sentence for murder.
- 2 Whether the period spent in custody prior to sentencing should further affect the sentence.
- 3 Whether the case qualifies for consideration under the Community Service Order Act.
Ratio Decidendi
The court found that the applicants, convicted of murder and serving a thirty-year imprisonment sentence after the death penalty was set aside on appeal, did not qualify for sentence revision. The court emphasized the seriousness of the offence and the fact that the applicants still had over twenty years remaining on their sentence. The matter did not fall within the scope of the Community Service Order Act, and the period spent in custody had already been considered in a previous application. Therefore, the application for sentence revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence revision filed on 14th August 2023 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
26 paragraphs
Mboga & another v Republic (Criminal Revision E018 of 2023) [2023] KEHC 23928 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23928 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E018 of 2023
RE Aburili, J
October 6, 2023
Between
Carilus Omondi Mboga
1st Applicant
Rosemary Apondi Omondi
2nd Applicant
and
Republic
Respondent
(From the original conviction and sentence in High Court Criminal Case No. 06 of 2009 at Kisumu)
Ruling
1. The two applicants Carilus Omondi Mboga and Rosemary Apondi Omondi were serving death sentence following their conviction for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code vide Judgment delivered on 28th May 2025 after pleading not guilty in Kisumu HCCR Case No. 06 of 2009.
2. Vide Misc. HCCR Application No. 34 of 2020, they applied for consideration of the period they had spent in custody prior to their sentencing and the court allowed that application on 3rd March 2021.
3. They have been in prison for close to eight (8) years now. They apply for sentence revision.
4. I have considered their application filed on 14th August 2023. I am not satisfied that the applicants qualify for sentence review for prison decongestion as they still have over 20 years to complete the prison term.
5. The case does not fall within Section 3 of the Community Service Order Act. I decline to revise the sentence considering the seriousness of the offence charged and convicted of wherein they were initially sentenced to death but on appeal to the Court of Appeal, vide judgment rendered on 3rd October 2019, the death sentence was set aside and substituted with thirty (30) years imprisonment.
6. I decline to revise the thirty (30) years imprisonment and dismiss the application file on 14th August 2023.
7. File closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE