[2022] KEHC 16852 (KLR)
The court found that the applicant, having pleaded guilty to stealing ten chicken valued at Kshs 10,000 and having already served four months in custody, was eligible for a non-custodial sentence. The absence of a presentence report notwithstanding, the court exercised its revisionary jurisdiction to substitute the...
Source-derived case information.
- Citation
- [2022] KEHC 16852 (KLR)
- Parties
- Applicant: Richard Odhiambo Omondi alias Achado; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E063 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- sentence revised; applicant released from prison to serve community service order
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Odhiambo Omondi alias Achado
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for the offence of stealing was appropriate and should be revised.
- 2 Whether the applicant should be released from prison and serve a community service order instead.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to stealing ten chicken valued at Kshs 10,000 and having already served four months in custody, was eligible for a non-custodial sentence. The absence of a presentence report notwithstanding, the court exercised its revisionary jurisdiction to substitute the custodial sentence with a community service order. The court ordered the applicant's release from prison to serve a 30-day community service order at Siaya Police Station under the supervision of the OCS, considering the nature of the offence and the period already served.
Court Disposition
sentence revised; applicant released from prison to serve community service order
Orders
- The sentence imposed on the applicant is revised.
- The applicant shall be released from prison unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
Omondi v Republic (Criminal Revision E063 of 2022) [2022] KEHC 16852 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16852 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E063 of 2022
RE Aburili, J
December 22, 2022
Between
Richard Odhiambo Omondi alias Achado
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. 240 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 1. 9.2022)
Ruling
1. The convict Richard Odhiambo Omondi alias Achado was sentenced to pay a fine of Kshs 20,000/=, in default to serve 6 months imprisonment for the offence of stealing ten (10) chicken valued at Kshs 10,000/=. He pleaded guilty. He was arrested on 22/8/2022 and he has served four months today.
2. No presentence report was filed.
3. I hereby revise the sentence imposed and order that the convict Richard Odhiambo Omondi alias Achado shall, unless otherwise lawfully held, be released from prison to serve community service order at Siaya Police Station for 30 days, under supervision of the OCS Siaya Police Station.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 22ND DAY OF DECEMBER, 2022R.E. ABURILIJUDGE