Omondi v Republic [2022] KEHC 16743 (KLR)

Omondi v Republic (Criminal Revision E134 of 2022) [2022] KEHC 16743 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16743 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E134 of 2022

RE Aburili, J

December 20, 2022

Between

Stephen Omondi Omondi

Applicant

and

Republic

Respondent

(Being an Application seeking sentence review, arising from conviction and sentence in Bondo PM Magistrates’ Court Criminal Case No. 1451 of 2021 by Hon. J.P.Nandi, Principal Magistrate on 15/9/2022)

Ruling

1. The convict Stephen Omondi Omondi was sentenced to serve three years imprisonment for the offences of housebreaking and stealing Although he pleaded guilty to the charge, the presentence report reveals that he is a member of a serious dangerous gang that stabs people and that he admitted o stabbing someone with a knife. That he has normalized crime and believes that he will always be forgiven. The convict deserves custodial sentence to reform.

2. I decline to revise the sentence imposed as he has served only 8 months of the three years imprisonment and there is no report from prisons authorities on his character and conduct. His family and the community are against his release.

3. File closed.

4. Orders accordingly.

Dated, signed and Delivered at Siaya this 20thDay of December, 2022R.E. ABURILIJUDGE