[2022] KEHC 16855 (KLR)
The court found that the applicant had already benefited from a sentence reduction on appeal, from 20 years to 10 years imprisonment, and that he had not demonstrated any exceptional or compelling circumstances to warrant a further revision. The court also held that the applicant was not suitable for sentence...
Source-derived case information.
- Citation
- [2022] KEHC 16855 (KLR)
- Parties
- Applicant: Fredrick Onyango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E057 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Revision, Sexual Offences Act, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Onyango Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is eligible for a further revision of sentence under prison decongestion or other grounds.
- 2 Whether the sentence imposed and already revised by the High Court should be interfered with further.
Ratio Decidendi
The court found that the applicant had already benefited from a sentence reduction on appeal, from 20 years to 10 years imprisonment, and that he had not demonstrated any exceptional or compelling circumstances to warrant a further revision. The court also held that the applicant was not suitable for sentence revision under prison decongestion policies. Accordingly, the application for sentence revision was declined and the file ordered closed.
Court Disposition
application for sentence revision declined
Orders
- Application for sentence revision is declined.
- File is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Omondi v Republic (Criminal Revision E057 of 2022) [2022] KEHC 16855 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16855 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E057 of 2022
RE Aburili, J
December 22, 2022
Between
Fredrick Onyango Omondi
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Sexual Offence Case No. 747 of 2022 delivered by Hon. T.M. Olando, Senior Resident Magistrate on 5. 10. 2017 and in Siaya HCRA 25/2017)
Ruling
1. The convict herein is Fredrick Onyango Omondi. He was convicted of the offence of defilement contrary to Section 8(1)(3) of the Sexual Offences Act on 5/10/2017 by Siaya PM’s court and sentenced to serve 20 years imprisonment.
2. He appealed to this court vide HCRA 25/2017. The court dismissed the appeal against conviction but reduced the mandatory 20 years imprisonment to 10 years to be calculated from 5/10/2017.
3. He has now served 5 years and has 5 more years to go according to the court records. He is not suitable for prison decongestion sentence revision.
4. I decline to revise sentence.
5. File is closed I so order.
Dated, signed and delivered at Siaya, this 22ndDay of December, 2022R.E. ABURILIJUDGE