[2023] KEHC 20309 (KLR)
The court found no basis to interfere with the sentence imposed by the trial court, as the applicant is a repeat offender who has previously served non-custodial sentences without reforming and has not shown remorse. The Sentence Review Report did not recommend a non-custodial sentence. The court therefore directed...
Source-derived case information.
- Citation
- [2023] KEHC 20309 (KLR)
- Parties
- Applicant: Vincent Migisi Ombati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E098 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed. Applicant to continue serving sentence imposed by trial court.
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Repeat Offender Status, Plea of Guilty, Non Custodial Sentence, Penal Code Section 306a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Migisi Ombati
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence after conviction on plea of guilty for breaking into a building and committing a felony.
- 2 Whether the applicant qualifies for a non-custodial sentence given his status as a repeat offender and lack of remorse.
Ratio Decidendi
The court found no basis to interfere with the sentence imposed by the trial court, as the applicant is a repeat offender who has previously served non-custodial sentences without reforming and has not shown remorse. The Sentence Review Report did not recommend a non-custodial sentence. The court therefore directed that the applicant continue to serve the custodial sentence as meted by the trial court.
Court Disposition
Application for revision of sentence dismissed. Applicant to continue serving sentence imposed by trial court.
Orders
- The applicant shall continue to serve the sentence meted by the trial court in Keroka, Criminal Case No MCCR E001 of 2023.
Full Case Text
Judgment text and source record
17 paragraphs
Ombati v Republic (Criminal Revision E098 of 2023) [2023] KEHC 20309 (KLR) (18 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20309 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E098 of 2023
WA Okwany, J
July 18, 2023
Between
Vincent Migisi Ombati
Applicant
and
Republic
Respondent
({From the Original Conviction and Sentence of Hon. B. M. Kimtai – SPM Keroka dated & delivered on the 3{{^rd}} day of July 2019 in the Original Keroka Senior Principal Magistrate’s Court Sexual Offence Case No. 978 of 2016)
Ruling
1. The Applicant was charged and convicted on his own plea of guilty of the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code, Cap 63 Laws of Kenya. The trial court sentenced him to serve 3 years imprisonment. The Applicant has already served 3 months in custody. The Sentence Review Report filed on June 26, 2023 by Probation Officer Jackline C, Mwei does not recommend a non-custodial sentence on the premise that the Applicant is a repeat offender and has previously served non-custodial sentences without reforming. Further, the Report indicates that the Applicant is not remorseful. For these reasons, I hereby direct that the Applicant continues to serve the sentence meted by the trial court in Keroka, Criminal Case No MCCR E001 of 2023.
Orders accordingly.DATED and DELIVERED at NYAMIRA on this 18th day of JULY 2023. W.A. OKWANYJUDGE