[2023] KEHC 27462 (KLR)
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Accordingly, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to substitute the remaining...
Source-derived case information.
- Citation
- [2023] KEHC 27462 (KLR)
- Parties
- Applicant: George Ochieng Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2023
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review allowed; custodial sentence substituted with community service order.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Community Service Order, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ochieng Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be reviewed and substituted with a community service order.
Ratio Decidendi
The court found that the sentence review report was favourable to the applicant and that the statutory requirements for issuing a community service order were satisfied. Accordingly, the court exercised its discretion under Section 3 of the Community Service Orders Act No. 8 of 2018 to substitute the remaining custodial sentence with a community service order, assigning the applicant to perform community service duties at Kanyamedha Primary School for six months under supervision.
Court Disposition
Application for sentence review allowed; custodial sentence substituted with community service order.
Orders
- The applicant's remaining custodial sentence is reviewed and substituted with a community service order for six months at Kanyamedha Primary School.
- The head teacher of Kanyamedha Primary School and the Probation Officer, Winam, shall supervise the applicant during the period.
Full Case Text
Judgment text and source record
19 paragraphs
Omondi v Republic (Criminal Revision E092 of 2023) [2023] KEHC 27462 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27462 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E092 of 2023
MS Shariff, J
October 17, 2023
Between
George Ochieng Omondi
Applicant
and
Republic
Respondent
Ruling
1. The Applicant George Ochieng Omondi was charged and convicted of the offence of stealing contrary to Section 281 of the penal code in Winam SPM Cr. Case No. E070 of 2021. He was sentenced to serve 7 years imprisonment on 2nd December, 2022. Presently the Applicant has served 11 months of his sentence.
2. The Applicant has now moved this court for review of his sentence under the provisions of the Community Service Order.
3. I have considered the sentence review report dated 22nd August 2023 and I note that the same is favourable to the Applicant. I therefore review his sentence pursuant to the provisions of Section 3 of the Community Service Order No. 8 of 2018 and I hereby make a Community Service Order by assigning the Applicant community service duties at Kanyamedha Primary School for a period of 6 months. The head teacher of Kanyamedha Primary School and the Probation Officer, Winam shall supervise him during the period.
4. It is so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 17TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE