Omondi v Republic [2022] KEHC 16855 (KLR)

Omondi v Republic (Criminal Revision E057 of 2022) [2022] KEHC 16855 (KLR) (22 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16855 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E057 of 2022

RE Aburili, J

December 22, 2022

Between

Fredrick Onyango Omondi

Applicant

and

Republic

Respondent

(Being an Application for sentence revision in Siaya CM’s Sexual Offence Case No. 747 of 2022 delivered by Hon. T.M. Olando, Senior Resident Magistrate on 5. 10. 2017 and in Siaya HCRA 25/2017)

Ruling

1. The convict herein is Fredrick Onyango Omondi. He was convicted of the offence of defilement contrary to Section 8(1)(3) of the Sexual Offences Act on 5/10/2017 by Siaya PM’s court and sentenced to serve 20 years imprisonment.

2. He appealed to this court vide HCRA 25/2017. The court dismissed the appeal against conviction but reduced the mandatory 20 years imprisonment to 10 years to be calculated from 5/10/2017.

3. He has now served 5 years and has 5 more years to go according to the court records. He is not suitable for prison decongestion sentence revision.

4. I decline to revise sentence.

5. File is closed I so order.

Dated, signed and delivered at Siaya, this 22ndDay of December, 2022R.E. ABURILIJUDGE