[2025] KEHC 2207 (KLR)
The court found that the applicant was convicted on his own plea of guilty for house breaking and stealing and had served part of his sentence. The Sentence Review Report did not recommend a non-custodial sentence. In the absence of compelling reasons or a positive recommendation for a non-custodial sentence, the...
Source-derived case information.
- Citation
- [2025] KEHC 2207 (KLR)
- Parties
- Applicant: Pius Nyambati Ondimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E009 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed. Applicant to continue serving the remainder of his sentence in custody.
- Judges
- WA Okwany
- Legal Topics
- House Breaking, Stealing, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Nyambati Ondimu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of the custodial sentence imposed for house breaking and stealing.
- 2 Whether the sentence review report justifies a non-custodial sentence.
Ratio Decidendi
The court found that the applicant was convicted on his own plea of guilty for house breaking and stealing and had served part of his sentence. The Sentence Review Report did not recommend a non-custodial sentence. In the absence of compelling reasons or a positive recommendation for a non-custodial sentence, the court held that the applicant should continue to serve the remainder of his custodial sentence. The court thus declined to interfere with the sentence imposed by the trial court.
Court Disposition
Application for revision of sentence dismissed. Applicant to continue serving the remainder of his sentence in custody.
Orders
- The applicant shall continue to serve the remainder of his sentence in custody.
Full Case Text
Judgment text and source record
17 paragraphs
Ondimu v Republic (Criminal Revision E009 of 2025) [2025] KEHC 2207 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 2207 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E009 of 2025
WA Okwany, J
January 31, 2025
Between
Pius Nyambati Ondimu
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Keroka, Criminal Case No. MCCR E748 of 2023 by Hon. C. Ombija Senior Resident Magistrate on 7th November 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of house breaking contrary to Section 304 (1) (b) and Stealing contrary to Section 279 (b) of the Penal Code. The trial court sentenced him to serve three (3) years’ imprisonment. The Applicant has served twelve (12) months of his sentence and is remaining with twelve (12) months after remission, to complete the sentence. The Sentence Review Report filed on 13th January 2025 by the Probation Officer Mr. Ng’etich Nicholas Kibet does not recommend a non-custodial sentence. I hereby direct that the Applicant shall continue to serve the remainder of his sentence in custody.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 31ST DAY OF JANUARY 2025. W.A. OKWANYJUDGE