Ondeyo v Republic [2024] KEHC 15358 (KLR)

Ondeyo v Republic (Criminal Revision 291 of 2024) [2024] KEHC 15358 (KLR) (4 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15358 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 291 of 2024

DR Kavedza, J

December 4, 2024

Between

Robinson Onchiri Ondeyo

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Robinson Onchiri Ondeyo is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.

2. The applicant was convicted for the offence of rape contrary to section 3(1)(a)(b) as read with section 3(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to 10 years imprisonment.

3. The applicant has a balance of 6 years on his sentence.

4. Having considered the application in its totality, I note that before sentencing, the trial court called for and considered the pre-sentencing report. The sentence imposed was also legal and lenient in the circumstances.

5. In my view I find no good cause or reason to revise the sentence imposed by the trial court. The applicant is directed to serve the remainder of his sentence.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DECEMBER 2024. ......................D. KAVEDZAJUDGE