Omunana v Republic [2023] KEHC 23875 (KLR)

Omunana v Republic (Criminal Revision E059 of 2023) [2023] KEHC 23875 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23875 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E059 of 2023

RE Aburili, J

October 6, 2023

Between

Albert Kabala Omunana

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate Criminal Case No. E298 of 2022 at Tamu))

Ruling

1. The Convict herein is Albert Kabala Omunana. He is serving two (2) years imprisonment imposed in Tamu SPM Criminal Case No. E298 of 2022. He is 42 years old.

2. He was accused of theft of Motor Vehicle parts valued at Kshs.265,000/=, the property of Opel Caleb Kutayi. He pleaded not guilty and the case proceeded to full hearing.

3. He was arrested on 29th November 2022 and remanded in custody until he was convicted and sentenced on 19th June 2023 which was a period of eight (8) months.

4. A Presentence report filed in court by the Probation Officer showed that the convict had no remorse and that he had no permanent abode. That he had bad company and the community was against his release. He did not provide his family contact for an interview. He could not take responsibility for his actions.

5. In the current Sentence Review Report filed on 18th August 2023, the convict whose sentence expires on 18th June 2025 originates from Vihiga County, Emuhaya Sub-county, Emusire Sub-location.

6. That he has poor family ties and was previously convicted and has another ongoing criminal case Criminal Case No. E295 of 2022 charged with Burglary and stealing. The last time the matter was due for hearing in Tamu Court was on 6th September 2023.

7. It is reported that he has endeered himself to criminality and that the community is hostile towards the possible release. He has served prison before. Despite his age, he does not demonstrate signs of reforming.

8. As the convict is unsuitable for non-custodial sentence and he is in lawful custody in another criminal case, I decline to revise his sentence as imposed by the trial court.

9. The convict to serve full term.

10. I so order

11. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE