Shadrack Omondi Omondi v Republic [2021] KEHC 5402 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION CASE NO. E027 OF 2021

SHADRACK OMONDI OMONDI ..............................APPLICANT

VERSUS

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

(Application for sentence revision from the judgment, conviction and sentence in UKWALA SRM’S MAGISTRATES COURT Cr Case No. 631 of 2019 delivered on 4. 9.2020  by Hon. C.I. Agutu – Senior Resident Magistrate )

RULING

1.  The Convict  Shadrack Omondo Omondi is serving three years imprisonment for the offences of Burglary contrary to section 304 (2) and Stealing  contrary to section 279 (b) of the Penal Code.  The trial court appears to have sentenced him on one limb only and not on the other limb.  The presentence Report filed by Catherine Amimo dated 10. 1.2020 shows that he is a sly young man and a recurring criminal.  He has poor community ties and abused cannabis sativa.

2.  The current report filed on 15. 6.2021 does not refer to the earlier report to indicate what has changed to warrant placement on Community Service Order.  The offences are serious and he was given lawful lenient sentence on one limb only.  There is no ground for revision of such sentence.  I decline the request and dismiss the application.

3.  File closed.

4.  Orders accordingly.

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

R. E. ABURILI

JUDGE