[2022] KEHC 16668 (KLR)
The court declined to revise the applicant's sentence because he is a repeat offender who has not demonstrated reformation, having previously been convicted and sentenced for a similar offence. The court found that releasing him without a proper report from prison authorities on his character and conduct would be...
Source-derived case information.
- Citation
- [2022] KEHC 16668 (KLR)
- Parties
- Applicant: Joseph Odhiambo Alias Maxwel Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision dismissed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Recidivism, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Odhiambo Alias Maxwel Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his status as a repeat offender.
- 2 Whether the applicant is suitable for early release without a report on his character and conduct.
Ratio Decidendi
The court declined to revise the applicant's sentence because he is a repeat offender who has not demonstrated reformation, having previously been convicted and sentenced for a similar offence. The court found that releasing him without a proper report from prison authorities on his character and conduct would be inappropriate, especially given the risk of recidivism during the festive season. The application for sentence revision was therefore dismissed and the file closed.
Court Disposition
Application for sentence revision dismissed.
Orders
- Sentence revision declined.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Odhiambo v Republic (Criminal Revision E092 of 2022) [2022] KEHC 16668 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16668 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E092 of 2022
RE Aburili, J
December 20, 2022
Between
Joseph Odhiambo Alias Maxwel Omondi
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM Criminal Case No.637 of 2021 delivered by Hon C.I.Agutu, SRM on 19/8/2021)
Ruling
1. On August 19, 2021, the convict herein JOSEPH ODHIAMBO alias MAXWEL OMONDI was sentenced to serve three (3) years imprisonment for the offences of burglary and stealing. He never appealed. He pleaded guilty to the charge. He was found to be a repeat offender over a similar offence in Cr Case No 25 of 2021wherein he had been sentenced to serve six months imprisonment. He had not reformed. In the charges that he faced and was convicted of, he stole nearly the entire household items belonging to the complainant.
2. I find him not suitable for release at this time without a proper report from prisons on his character and conduct.
3. I decline to revise his sentence at this time as he might go back to his usual trade especially during this festive season since he is a recidivist.
4. File closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE