[2022] KEHC 13170 (KLR)
The court considered the request for revision of sentence filed by the office of the director of public prosecutions and found it necessary to direct that the respondents be served and notified to appear for the hearing of the request. The court emphasized the respondents' right to legal representation and set a...
Source-derived case information.
- Citation
- [2022] KEHC 13170 (KLR)
- Parties
- Applicant: Republic; Respondent: Leonard Omondi; Respondent: David Otieno Omondi; Respondent: Cyprus Okoth Ouma; Respondent: Stephen Okoth Yamo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E051 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Preliminary Directions for Revision Hearing
- Outcome
- Directions issued for service and appearance; no final determination on the revision application.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Conviction Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Leonard Omondi
Respondent
David Otieno Omondi
Respondent
Cyprus Okoth Ouma
Respondent
Stephen Okoth Yamo
Respondent
Procedural Posture
Criminal Revision / Ruling on Preliminary Directions for Revision Hearing
Legal Issues
- 1 Whether the sentences imposed on the respondents in Criminal Case No. E258 of 2021 should be revised.
Ratio Decidendi
The court considered the request for revision of sentence filed by the office of the director of public prosecutions and found it necessary to direct that the respondents be served and notified to appear for the hearing of the request. The court emphasized the respondents' right to legal representation and set a date for the hearing, ensuring procedural fairness and compliance with the requirements for revision proceedings under the Criminal Procedure Code.
Court Disposition
Directions issued for service and appearance; no final determination on the revision application.
Orders
- The office of the director of public prosecutions to serve all respondents with the request for revision and notice to appear.
- Respondents to appear in person or with advocates of their choice on October 13, 2022 for hearing of the revision request.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Omondi & 3 others (Criminal Revision E051 of 2022) [2022] KEHC 13170 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13170 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E051 of 2022
RE Aburili, J
September 23, 2022
Between
Republic
Applicant
and
Leonard Omondi
1st Respondent
David Otieno Omondi
2nd Respondent
Cyprus Okoth Ouma
3rd Respondent
Stephen Okoth Yamo
4th Respondent
((Being an Application for revision of sentence arising from conviction and sentence in Chief Magistrate’s Court at Siaya in Criminal Case No. E258 of 2021 on 28/7/2022 by Hon. Lester Simiyu, Principal Magistrate))
Ruling
1. I have considered the request for revision of sentence filed on September 20, 2022 by the office of director of public prosecutions.
2. I direct that office of the director of public prosecutions (ODPP) to serve all the respondents/convicts with the request and notice to appear before this court in person on October 13, 2022 for the hearing of the request for revision of the respective sentences imposed on them.
3. The respondents are at liberty to appear with their advocates of own choice for legal representation, or in person.
4. Registry to notify office of the director of public prosecutions accordingly.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE