[2024] KEHC 7313 (KLR)
The court found that, upon consideration of the probation officer's report, the applicant was not suitable for revision of his conviction and sentence. The report did not provide sufficient grounds to warrant interference with the sentence imposed by the trial court. Consequently, the court ordered that the offender...
Source-derived case information.
- Citation
- [2024] KEHC 7313 (KLR)
- Parties
- Applicant: Fidel Omondi Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E015 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed. Offender to serve out sentence. File closed.
- Judges
- DO Ogembo
- Legal Topics
- Criminal Revision, Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fidel Omondi Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for revision of conviction and sentence.
- 2 Whether the probation officer's report supports revision.
Ratio Decidendi
The court found that, upon consideration of the probation officer's report, the applicant was not suitable for revision of his conviction and sentence. The report did not provide sufficient grounds to warrant interference with the sentence imposed by the trial court. Consequently, the court ordered that the offender serve out his sentence and directed that the file be closed.
Court Disposition
Application for revision dismissed. Offender to serve out sentence. File closed.
Orders
- Application for revision is dismissed.
- Offender to serve out his sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Omondi v Republic (Criminal Revision E015 of 2024) [2024] KEHC 7313 (KLR) (16 April 2024) (Ruling)
Neutral citation: [2024] KEHC 7313 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E015 of 2024
DO Ogembo, J
April 16, 2024
Between
Fidel Omondi Omondi
Applicant
and
Republic
Respondent
(Being an application for Revision from Conviction and Sentence in Madiany PM’s Court dated 25/5/2023 in CR. Case No. E105 of 2023)
Ruling
1. I have considered the probation officer’s report herein. He is not suitable for revision. Offender to serve out his sentence. File ordered closed.
DATED, SIGNED AND DELIVERED THIS 16TH DAY OF APRIL, 2024. D. O. OGEMBOJUDGE16/4/2024