[2025] KEHC 4795 (KLR)
The court found that the convict, Dennis Omondi Odele, had substantially served his 12-month sentence for stealing, was unable to pay the fine imposed, and had demonstrated reformation while in prison. The court took into account his status as a first offender, his health challenges (partial paralysis), and his...
Source-derived case information.
- Citation
- [2025] KEHC 4795 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Omondi Odele; Defendant: Mzee Ali Juma
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E071 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence revised; convict released from prison
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Community Service Orders, Stealing Offence, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Omondi Odele
Defendant
Mzee Ali Juma
Defendant
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentence imposed on the convict should be revised under the Community Service Orders Act.
- 2 Whether the convict's health and personal circumstances justify early release from prison.
Ratio Decidendi
The court found that the convict, Dennis Omondi Odele, had substantially served his 12-month sentence for stealing, was unable to pay the fine imposed, and had demonstrated reformation while in prison. The court took into account his status as a first offender, his health challenges (partial paralysis), and his family circumstances (wife is disabled and dependent on well-wishers). Exercising discretion under the Community Service Orders Act, the court determined that the sentence already served constituted sufficient punishment and ordered the convict's immediate release from prison unless otherwise lawfully held.
Court Disposition
sentence revised; convict released from prison
Orders
- The sentence served by Dennis Omondi Odele is deemed sufficient punishment.
- The convict is discharged from prison unless otherwise lawfully held.
Full Case Text
Judgment text and source record
34 paragraphs
Republic v Odele & another (Criminal Revision E071 of 2025) [2025] KEHC 4795 (KLR) (14 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4795 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Revision E071 of 2025
RE Aburili, J
April 14, 2025
Between
Republic
Applicant
and
Dennis Omondi Odele
1st Accused
Mzee Ali Juma
2nd Accused
Ruling
1. The convict Dennis Omondi Adele was sentenced to serve 12 months imprisonment on 9/10/2024 for the offence of stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code vide Shimo la Tewa Magistrate’s court in Criminal case no E1104/2024.
2. The matter before me for sentence review under the Community Service Orders Act.
3. The probation officer Mr. Boytone Omondi filed a report dated 11/4/2025.
4. The convict stole clothes valued at Kshs. 20,000/=. The property of Fatma Juma Yanus.
5. He pleaded guilty to the charge and initially the report by the probation officer filed on 9/10/2024 was negative on the non-custodial sentence.
6. He was said to be detached from his family hence it would be challenging to supervision.
7. He showed no remorse and displayed unwillingness to change.
8. He has now given a different perspective. That he is married with two children and his wife is disabled and relies on well-wishers.
9. He is also partially paralyzed on one side of the body.
10. That he has reformed while in prison.
11. He is due for release on 9/6/2025.
12. He has substantially served the 12 months imprisonment as he could not raise the fine of Kshs. 100,000/= imposed.
13. He is a first offender.
14. In view of his heath issues, I hereby order that the sentence served is sufficient punishment.
15. I exercise discretion under the community service orders Act and discharge the convict Dennis Omondi Adele from prison unless otherwise lawfully held, the convict is hereby released from prison.
16. I so order.
17. This file is closed.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 14TH DAY OF APRIL, 2025R. E. ABURILIJUDGE