Reagan Omondi Omollo v Republic [2021] KEHC 5459 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. E076 OF 2021

CORAM: R.E. ABURILI, J

REAGAN OMONDI OMOLLO....................APPLICANT

VERSUS

REPUBLIC.................................................RESPONDENT

(Being an Application for Revision of sentence in

Ukwala PM Court’s Criminal Case No. 201 of 2020 on 24/12/2020)

RULING

1. The convict Reagan Omondi Omollo aged 23 years was convicted of the offence of stock theft. He was sentenced on 24/12/2020.  He has served seven months in prison. The Probation officer Catherine Amimo filed a report on 15/6/2021 indicating that from her interview of the convict and his family and the community, he is troublesome after voluntarily dropping out of school in 2019.  He is engaged in criminal activities and his father has disowned him.  He is a flight risk if considered for non-custodial sentences. As the sentence imposed was lawful and lenient, and as the matter does not fall within section 3 (1) of the Community Service Orders Act, the application for revision of sentence is found to be devoid of merit.

2. I decline to revise the sentence imposed and dismiss the application for sentence revision.  File closed. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021

R.E. ABURILI

JUDGE