Kevin Omondi v Republic [2014] KEHC 8822 (KLR)

IN THE HIGH COURT AT HOMA BAY

CRIMINAL APPEAL NO. 77 OF 2014

BETWEEN

KEVIN OMONDI………… ……………...…................................................APPELLANT

AND

REPUBLIC …..……………………….…………......................................RESPONDENT

(Being an appeal from the original conviction and sentence in Criminal Case No. 762 of 2010 at Senior Resident Magistrate’s Court at Homa Bay, Hon. O.J. Ong’ondo, RM dated on 15th July  2010)

JUDGMENT

KEVIN OMONDI ODHIAMBO was charged with the offence of burglary contrary to section 304 (2) and stealing contrary to section 279(b) of the Penal Code.  The particulars stated that he stole a pair of shoes, an album of photos, suit case, mattress, DVD player, car battery, assorted clothes and cash amounting to Kshs.3000 when he broke into the house of one John Evans Okoth on the night of 20th April 2010 at Sofia Estate Homa Bay.  He also faced an alternative charge of handling stolen goods contrary to section 322(1)(2) of the Penal Code based on the same facts.

He pleaded not guilty, was tried and convicted. He was sentenced to 8 years imprisonment with hard labour.  He has appealed against conviction and sentence.

At the hearing of the appeal the appellant informed the court that he did not wish to appeal against the conviction but would instead address the court on the issue of sentence. He urged that the sentence was high and that he had served five years in prison which was more than adequate.

Mr. Oluoch, learned counsel for the State, left the issue to the court.

I have considered the sentence in light of the fact that the accused was a first offender and he was aged 21 years at the time he committed the offence.  I believe he has served sufficient time for the offence.

I therefore reduce the sentence to time served.  He is set free unless otherwise lawfully held.

DATED and DELIVERED at HOMA BAY on this 6th day of November 2014

D.S. MAJANJA

JUDGE