[2023] KEHC 2466 (KLR)
The court declined to review the applicant's sentence for the offence of having suspected stolen goods because the Probation Officer's report indicated that the applicant failed to disclose the whereabouts of his family. The court found no other proceedings pending and, in the absence of sufficient grounds for...
Source-derived case information.
- Citation
- [2023] KEHC 2466 (KLR)
- Parties
- Applicant: John Willis Omondi Alias Mzee; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E098 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence review declined; file marked as closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Prison Decongestion, Suspected Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Willis Omondi Alias Mzee
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence for the offence of having suspected stolen goods.
- 2 Whether the recommendations of the Probation Officer justify sentence review.
Ratio Decidendi
The court declined to review the applicant's sentence for the offence of having suspected stolen goods because the Probation Officer's report indicated that the applicant failed to disclose the whereabouts of his family. The court found no other proceedings pending and, in the absence of sufficient grounds for sentence review, marked the file as closed. The decision was guided by the need for cooperation with probation requirements and the lack of an appeal by the applicant.
Court Disposition
Sentence review declined; file marked as closed.
Orders
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Omondi v Republic (Criminal Revision E098 of 2022) [2023] KEHC 2466 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2466 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E098 of 2022
RE Aburili, J
March 23, 2023
Between
John Willis Omondi Alias Mzee
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E604 of 2022 in the Chief Magistrate’s Court at Kisumu delivered on 26th July 2022)
Ruling
1. The Convict herein John Willis Omondi alias Mzee was convicted and sentenced to serve two (2) years imprisonment for the offence of having suspected stolen goods vide Kisumu Chief Magistrate Criminal Case No E604 of 2022. He never appealed.
2. The file was availed to court for prison decongestion and on December 21, 2022 and this Court declined sentence review on recommendations of the Probation Officer as the convict is said to have failed to disclose the whereabouts of his family.
3. As there are no other proceedings pending, this file is hereby marked as closed.
4. I so order.
Dated, Signed and Delivered at Kisumu this 23rdDay of March, 2023R E ABURILIJUDGE