[2022] KEHC 16786 (KLR)
The court found that since the applicant's sentence had already been reviewed and substituted with a community service order in a previous revision application, there was no remaining sentence to be reviewed. Therefore, the application for further sentence review was rendered moot, and the file was ordered closed.
Source-derived case information.
- Citation
- [2022] KEHC 16786 (KLR)
- Parties
- Applicant: Stephen Omondi Odaso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E110 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Burglary, Stealing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Odaso
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there is any sentence remaining to be reviewed after the applicant was placed on a community service order.
Ratio Decidendi
The court found that since the applicant's sentence had already been reviewed and substituted with a community service order in a previous revision application, there was no remaining sentence to be reviewed. Therefore, the application for further sentence review was rendered moot, and the file was ordered closed.
Court Disposition
Application dismissed as moot; file closed.
Orders
- There is no other sentence to be reviewed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Odaso v Republic (Criminal Revision E110 of 2022) [2022] KEHC 16786 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16786 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E110 of 2022
RE Aburili, J
December 20, 2022
Between
Stephen Omondi Odaso
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 80 of 2020 by Hon. S. Mathenge, Senior Resident Magistrate on 15/12/2020)
Ruling
1. The convict Stephen Omondi Odaso was convicted of the offences of burglary and stealing and sentenced to serve three years on each count, sentences to run concurrently. He had pleaded not guilty to the charges.
2. On June 21, 2022, this court received his sentence review application and allowed it vide Revision Case No E033 Of 2021 this court place dhim on community service order to serve at Barkowino Assistant Chief’s Office.
3. Accordingly, there is no other sentence to be reviewed.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE