[2023] KEHC 27457 (KLR)
The court found that the sentence review report dated 15th August 2023 was not favourable to the applicant. Additionally, the applicant's expected date of discharge was close (26th November 2023), and there were no compelling reasons to interfere with the custodial sentence. Therefore, the application for review was...
Source-derived case information.
- Citation
- [2023] KEHC 27457 (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 E047 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application for sentence review dismissed
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, 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 on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of his custodial sentence under the Community Service Order provisions.
Ratio Decidendi
The court found that the sentence review report dated 15th August 2023 was not favourable to the applicant. Additionally, the applicant's expected date of discharge was close (26th November 2023), and there were no compelling reasons to interfere with the custodial sentence. Therefore, the application for review was denied, and the applicant was directed to continue serving his sentence in custody.
Court Disposition
application for sentence review dismissed
Orders
- The applicant shall continue serving his sentence in custody.
Full Case Text
Judgment text and source record
18 paragraphs
Omondi v Republic (Criminal Revision E047 of 2023) [2023] KEHC 27457 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27457 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E047 of 2023
MS Shariff, J
October 18, 2023
Between
John Willis Omondi alias Mzee
Applicant
and
Republic
Respondent
Ruling
1. The Applicant John Willis Omondi alias Mzee was charged and convicted of the offence of having suspected stolen goods contrary to Section 323 of the Penal Code in Kisumu CM’s Cr. Case No. E604 of 2022. He was sentenced on 26th July, 2022 to serve 2 years imprisonment. He now applies for review of his sentence under the provisions of the Community Service Order.
2. I have perused the sentence review report dated 15th August 2023 and I find that the same is not favourable to the Applicant. I have also noted that his expected date of discharge is 26th November 2023 wherefore I hereby direct that the Applicant to continue serving his sentence in custody.
5. It is so ordered.
Delivered, signed and dated at Kisumu this 18th day of October, 2023. ********MWANAISHA S. SHARIFFJUDGE