Geoffrey Odindo Omondi v Republic [2013] KEHC 1378 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 233 OF 2013

(Being A Revision in the Conviction and Sentence on 27. 08. 2012 by the Honourable  Resident Magistrate, N.Barasa at Sotik in Criminal .Case No.1826 of 2012)

GEOFFREY ODINDO OMONDI............................APPLICANT

-VERSUS-

REPUBLIC.........................................................RESPONDENT

(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)

RULING ON REVISION

The applicant Geoffrey Odindo Omondi was sentenced to 2 years imprisonment effective 27/8/2012 following conviction for the offence of stealing contrary to section 275 of the Penal Code.

I have perused the report by the probation officer and observe that the applicant is not suitable for community service because he would be released back to the environment under which he became prone to criminal conduct.

In the circumstances, the sentence by the trial court is upheld and community service order declined.

Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.

BYRAM ONGAYA

JUDGE