[2022] KEHC 12835 (KLR)
The court found that the applicant, having served a significant portion of his sentence, demonstrated genuine remorse, was forgiven by the victim, and faced no opposition from his family or community regarding his release. The applicant's willingness to serve unpaid community service and his young age further...
Source-derived case information.
- Citation
- [2022] KEHC 12835 (KLR)
- Parties
- Applicant: Shadrack Omondi Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E045 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Application for review of sentence allowed; custodial sentence substituted with community service.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Burglary, Stealing, Community Service, Remission of Sentence
- 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 on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of his remorse, age, and willingness to serve community service.
- 2 Whether the circumstances justify substituting the custodial sentence with community service.
Ratio Decidendi
The court found that the applicant, having served a significant portion of his sentence, demonstrated genuine remorse, was forgiven by the victim, and faced no opposition from his family or community regarding his release. The applicant's willingness to serve unpaid community service and his young age further supported the appropriateness of substituting the remainder of his custodial sentence with a community service order. The court exercised its discretion under the Criminal Procedure Code and the Community Service Orders Act to order the applicant's immediate release from prison to serve the balance of his sentence as community service at the Ukwala location chief’s office.
Court Disposition
Application for review of sentence allowed; custodial sentence substituted with community service.
Orders
- The applicant Shadrack Omondi Omondi shall be released from prison forthwith to serve community service at Ukwala location chief’s office for the remainder of the prison term.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Shadrack Omondi v Republic (Criminal Revision E045 of 2022) [2022] KEHC 12835 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12835 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E045 of 2022
RE Aburili, J
August 8, 2022
Between
Shadrack Omondi Omondi
Applicant
and
Republic
Respondent
(Being an Application seeking review of sentence, arising from conviction and sentence on 49/2020 in Ukwala PM Magistrates’ Court Criminal Case No. 631 of 2019)
Ruling
1. The convict Shadrack Omondi Omondi was convicted and sentenced for the offences of burglary and stealing, on 4/9/2020. He has served 19 months of the prison term. He is 20 years, according to the sentence review report filed in court on 2/8/2022. He stole a television set and mobile phone of the victim who has since forgiven him. None of the family or community members are opposed to his release. He is said to be remorseful and willing to serve unpaid community service.
2. I hereby order that the convict Shadrack Omondi Omondi shall be released from prison forthwith to serve community service at Ukwala location chief’s office for the remainder of the prison term.
3. Orders accordingly.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE