[2024] KEHC 15429 (KLR)
The court found that the applicant had pleaded guilty and that mitigation was considered at the time of sentencing. The period spent in custody was only one day, which was not significant enough to warrant sentence adjustment. The applicant had previously sought relief under Section 333(2) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2024] KEHC 15429 (KLR)
- Parties
- Applicant: Fredrick Okoth Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 39 of 2023
- Procedural Posture
- Criminal Petition / Sentence Review Ruling
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentence Review, Mitigation of Sentence, Sexual Offences Act, Custodial Sentence, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Okoth Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant was denied the right to mitigate before sentencing.
- 2 Whether the applicant is entitled to a review of sentence under the circumstances.
- 3 Whether the period spent in custody prior to sentencing was properly considered.
Ratio Decidendi
The court found that the applicant had pleaded guilty and that mitigation was considered at the time of sentencing. The period spent in custody was only one day, which was not significant enough to warrant sentence adjustment. The applicant had previously sought relief under Section 333(2) of the Criminal Procedure Code, which was dismissed. There was no evidence of denial of the right to mitigate or any miscarriage of justice. The court concluded that there was no merit in the petition for sentence review and dismissed the application accordingly.
Court Disposition
petition dismissed
Orders
- The petition for sentence review is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Omondi v Republic (Criminal Petition 39 of 2023) [2024] KEHC 15429 (KLR) (22 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15429 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition 39 of 2023
RE Aburili, J
November 22, 2024
Between
Fredrick Okoth Omondi
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner is Fredrick Okoth Omondi. He is a convict in Siaya SPM SO Case NO. 6/2020 where he was convicted of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act and sentenced to serve 15 years imprisonment on 17/11/2020.
2. The victim suffered from mental incapacity. The convict pleaded guilty and the mitigations were considered.
3. The convict never appealed. He applied to this court vide Misc. Cr. Application No. E082/2022 for consideration of Section 333 (2) of the Criminal Procedure Code and this court dismissed the application on 12/10/2022.
4. On account that he was arrested on 16/1/2020, arraigned on 17/1/2020 and sentenced hence he was in custody for only one day.
5. The convict now applies vide his Petition dated 4/4/2023 for sentence review claiming he was denied the right to mitigate and that he is reformed.
6. I have considered the Petition and the supporting affidavit and find no merit in the application which is hereby dismissed. This file is closed. Signal to issue.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF NOVEMBER, 2024R. E ABURILIJUDGE