[2022] KEHC 16743 (KLR)
The court declined to revise the sentence because the applicant had only served eight months of a three-year sentence, there was no positive report from prison authorities regarding his conduct, and the presentence report indicated he was a member of a dangerous gang with a normalized attitude towards crime. The...
Source-derived case information.
- Citation
- [2022] KEHC 16743 (KLR)
- Parties
- Applicant: Stephen Omondi Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E134 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- Application for sentence revision declined.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Housebreaking, Stealing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the applicant should be revised in light of his plea of guilty and the circumstances of the offence.
- 2 Whether the applicant's conduct and background justify a reduction or alteration of the custodial sentence.
Ratio Decidendi
The court declined to revise the sentence because the applicant had only served eight months of a three-year sentence, there was no positive report from prison authorities regarding his conduct, and the presentence report indicated he was a member of a dangerous gang with a normalized attitude towards crime. The court found that the custodial sentence was necessary for the applicant's reformation and to protect the community, especially given the opposition from his family and community to his release.
Court Disposition
Application for sentence revision declined.
Orders
- Sentence imposed by the trial court is upheld.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Omondi v Republic (Criminal Revision E134 of 2022) [2022] KEHC 16743 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16743 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E134 of 2022
RE Aburili, J
December 20, 2022
Between
Stephen Omondi Omondi
Applicant
and
Republic
Respondent
(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 1451 of 2021 by Hon. J.P.Nandi, Principal Magistrate on 15/9/2022)
Ruling
1. The convict Stephen Omondi Omondi was sentenced to serve three years imprisonment for the offences of housebreaking and stealing Although he pleaded guilty to the charge, the presentence report reveals that he is a member of a serious dangerous gang that stabs people and that he admitted o stabbing someone with a knife. That he has normalized crime and believes that he will always be forgiven. The convict deserves custodial sentence to reform.
2. I decline to revise the sentence imposed as he has served only 8 months of the three years imprisonment and there is no report from prisons authorities on his character and conduct. His family and the community are against his release.
3. File closed.
4. Orders accordingly.
Dated, signed and Delivered at Siaya this 20thDay of December, 2022R.E. ABURILIJUDGE