[2021] KEHC 5402 (KLR)
The court found that the offences of burglary and stealing were serious and that the applicant had already received a lenient sentence on one limb of the charges. The current pre-sentence report did not demonstrate any significant change in the applicant's circumstances to justify a revision of the sentence or...
Source-derived case information.
- Citation
- [2021] KEHC 5402 (KLR)
- Parties
- Applicant: Shadrack Omondi Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E027 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, Penal Code, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Omondi Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for burglary and stealing was lawful and warranted revision.
- 2 Whether there were sufficient grounds to place the applicant on a Community Service Order instead of imprisonment.
Ratio Decidendi
The court found that the offences of burglary and stealing were serious and that the applicant had already received a lenient sentence on one limb of the charges. The current pre-sentence report did not demonstrate any significant change in the applicant's circumstances to justify a revision of the sentence or placement on a Community Service Order. The applicant's criminal history, poor community ties, and substance abuse further militated against granting the application. Consequently, there was no legal or factual basis for revising the sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION CASE NO. E027 OF 2021
SHADRACK OMONDI OMONDI ..............................APPLICANT
VERSUS
REPUBLIC ................................................................RESPONDENT
(Application for sentence revision from the judgment, conviction and sentence in UKWALA SRM’S MAGISTRATES COURT Cr Case No. 631 of 2019 delivered on 4. 9.2020 by Hon. C.I. Agutu – Senior Resident Magistrate )
RULING
1. The Convict Shadrack Omondo Omondi is serving three years imprisonment for the offences of Burglary contrary to section 304 (2) and Stealing contrary to section 279 (b) of the Penal Code. The trial court appears to have sentenced him on one limb only and not on the other limb. The presentence Report filed by Catherine Amimo dated 10. 1.2020 shows that he is a sly young man and a recurring criminal. He has poor community ties and abused cannabis sativa.
2. The current report filed on 15. 6.2021 does not refer to the earlier report to indicate what has changed to warrant placement on Community Service Order. The offences are serious and he was given lawful lenient sentence on one limb only. There is no ground for revision of such sentence. I decline the request and dismiss the application.
3. File closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE