[2025] KEHC 3209 (KLR)
The court found that the applicant had been convicted on his own plea of guilty for the offence of stealing under Section 268(1) as read with Section 275 of the Penal Code in two separate cases. The applicant had served part of his sentence and sought a non-custodial sentence. However, the probation officer's...
Source-derived case information.
- Citation
- [2025] KEHC 3209 (KLR)
- Parties
- Applicant: Geoffrey Sungura Ondieki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E020 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- application for sentence revision dismissed; applicant to continue serving custodial sentence
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Plea of Guilty, Stealing Offence, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Sungura Ondieki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a non-custodial sentence after conviction on plea of guilty for stealing.
- 2 Whether the sentence imposed by the trial court should be revised in light of the probation officer's report.
Ratio Decidendi
The court found that the applicant had been convicted on his own plea of guilty for the offence of stealing under Section 268(1) as read with Section 275 of the Penal Code in two separate cases. The applicant had served part of his sentence and sought a non-custodial sentence. However, the probation officer's reports in both files did not recommend a non-custodial sentence. The court held that there was no sufficient basis to interfere with the custodial sentence imposed by the trial court. Consequently, the applicant was directed to continue serving the remainder of his sentences in custody.
Court Disposition
application for sentence revision dismissed; applicant to continue serving custodial sentence
Orders
- The applicant shall continue to serve the remainder of his sentences in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Ondieki v Republic (Criminal Revision E020 of 2025) [2025] KEHC 3209 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 3209 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E020 of 2025
WA Okwany, J
January 31, 2025
Between
Geoffrey Sungura Ondieki
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E598 and 599 of 2024 by Hon. W.K. Chepseba Chief Magistrate on 20th May 2024. )
Ruling
1. The Applicant was convicted on his own plea of guilty of the offence of stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code in two separate cases. The trial court sentenced him to serve 11 months’ imprisonment in the first case and 1year imprisonment in the second case. The Applicant has served six (6) months of his sentence and is remaining with nine (9) months after remission, to complete the sentence. The Sentence Review Reports filed on 13th January 2025 by the Probation Officer Mr. Nelson Maroa in the two files do not recommend a non-custodial sentence. I hereby direct that the Applicant continues to serve the remainder of his sentences in custody.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE