[2021] KEHC 5575 (KLR)
The court found that the applicant, a first offender who had served a significant period in custody and demonstrated remorse, was suitable for a non-custodial sentence as recommended by the probation officer. The sentence of three years imprisonment was set aside and substituted with an order for the applicant to...
Source-derived case information.
- Citation
- [2021] KEHC 5575 (KLR)
- Parties
- Applicant: Stephen Omondi Odaso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E033 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; custodial sentence set aside; community service order imposed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Community Service Orders, First Offender Principle, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Odaso
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive or unlawful and warranted revision.
- 2 Whether the applicant qualifies for a non-custodial sentence under the Community Service Orders Act.
Ratio Decidendi
The court found that the applicant, a first offender who had served a significant period in custody and demonstrated remorse, was suitable for a non-custodial sentence as recommended by the probation officer. The sentence of three years imprisonment was set aside and substituted with an order for the applicant to serve nine months of unpaid community service at Barkowino Assistant Chief’s Office under strict supervision, in accordance with Section 3(1) of the Community Service Orders Act. The court emphasized the importance of rehabilitation and reintegration of offenders who show genuine remorse and willingness to reform, especially where the law permits alternatives to custodial sentences.
Court Disposition
sentence revised; custodial sentence set aside; community service order imposed
Orders
- The sentence of three years imprisonment is set aside.
- The applicant shall serve nine months unpaid community service at Barkowino Assistant Chief’s Office under strict and close supervision.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E033 OF 2021
CORAM: R.E. ABURILI, J
STEPHEN OMONDI ODASO.......................APPLICANT
VERSUS
REPUBLIC....................................................RESPONDENT
(Being an Application for Revision of sentence against sentence in Bondo PM Court’s Criminal Case No. 80 of 2020
on 15. 12. 2020 by Hon. J.P. Nandi, Principal Magistrate)
RULING
1. I have considered the application for sentence revision. The applicant/convict Stephen Omondi Odaso was convicted of the offences of Burglary contrary to Section 304(2) and Stealing contrary to Section 279 of the Penal Code by Hon. S. Mathenge, Resident Magistrate Bondo Law Courts.
2. He pleaded not guilty to the charge and the case proceeded to full trial. He was sentenced to serve three years imprisonment on each count, sentences to run concurrently.
3. He was a first offender.
4. He pleaded for leniency and reasonable sentence.
5. He had been in prison custody from date of arrest on 7/2/2020. There are no previous records to show that he is a repeat offender.
6. The Probation Report by Ms. Euphemia Kidwoli filed on 11/6/2021 shows that the convict was interviewed and is remorseful. While in prison, he is engaged in building construction, a skill he can utilize given a chance to serve non custodial sentence for seven months proposed, at Barkowino Assistant Chief’s Office.
7. He is willing to serve unpaid community service.
8. The sentence imposed was lawful and the proceedings were properly conducted.
9. He has been in custody since February 2020.
10. In view of the recommendation by the Probation Officer, I invoke Section 3 (1) of the Community Service Orders Act and set aside the 3 years imprison and order that the convict Stephen Omondi Odaso shall serve nine months (9) unpaid Community Service at Barkowino Assistant Chief’s Office under strict and close supervision as required by law. File closed.
11. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE