Omondi v Republic [2022] KEHC 12822 (KLR)

Omondi v Republic (Criminal Revision E022 of 2022) [2022] KEHC 12822 (KLR) (8 August 2022) (Ruling)

Neutral citation: [2022] KEHC 12822 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E022 of 2022

RE Aburili, J

August 8, 2022

Between

Kennedy Emmanuel Omondi

Applicant

and

Republic

Respondent

(Being an Application seeking revision of sentence, arising from conviction and sentence in Siaya Chief Magistrates’ Court Criminal Case No. 1218/2019)

Ruling

1. The convict Kennedy Emmanuel Omondi was convicted and sentenced to serve 6 months imprisonment on each of the 2 counts of grevious harm contrary to Section 254 of the Penal Code on 26/5/2022.

2. There is no indication whether he has appealed.

3. The trial court further ordered that he serves Probation for 12 months upon serving 6 months imprisonment, from 26/5/2022. He has been in prison for 2 months.

4. I have considered the circumstances under which the offence was committed, the mitigation and the Presentence report. The sentence imposed was lawful and lenient. The prison term is short.

5. The convict can benefit from the Probation’s service which was the sentence imposed to be served upon completion of the 6 months imprisonment.

6. In the premises, and in the spirit of prison decongestion, I hereby order that the convict Kennedy Emmanuel Omondi be released from prison forthwith to serve 12 months on probation from the date of release.

7. I so order.

8. File is closed.

9. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF AUGUST, 2022R.E. ABURILIJUDGE