Ombui v Republic [2023] KEHC 23802 (KLR)

Ombui v Republic (Criminal Revision E030 of 2023) [2023] KEHC 23802 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23802 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Revision E030 of 2023

JK Sergon, J

October 19, 2023

Between

Dominic Ombui

Applicant

and

Republic

Respondent

Ruling

1. Dominic Ombui hereinafter referred to as the Applicant was convicted for the offence of attempted arson contrary to section 333 (a) of the Penal Code CAP 63 Laws of Kenya.

2. On 3rd December, 2021, Hon. E.W Karani, the then Learned Resident Magistrate sentenced the Applicant to serve three (3) years imprisonment.

3. The proceedings relating to the aforesaid case, that is Kericho CMC Case No. E151 of 2021 Republic v Dominic Ombui were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.

4. The Probation Officer filed a sentence review report on 24th July, 2023. In the said report it was noted that the applicant is remorseful, the applicant promised not to reoffend and to be a law abiding citizen. The prison authorities were of the view that the applicant had reformed. The applicant has attained skills in store management and record keeping. The applicant has also done several theological courses and is reported to have embraced Christianity and Christian values. The family members were ready and willing to welcome him back home and assist in his rehabilitation. The Area Chief reported that the home environment was favourable. The probation officer therefore recommended that the applicant completes the remaining term of his sentence on Community Service Order (CSO).

5. I have already stated the sentence pronounced by the then Learned Resident Magistrate. The Applicant has so far served one (1) year seven (7) months and he is remaining with one (1) year Nine (9) months to complete his sentence.

6. Having considered the fact that the sentence review report is favourable, I hereby order that the Applicant Namely:- Dominic Ombui be set free from Prison and ordered to serve the remainder of his sentence i.e. one(1) year nine (9) months on Community Service Order (CSO) at Chepsir Chief’s Office, under the supervision of the Area Chief.

DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ..............................J.K. SERGONJUDGE