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Ombati v Republic (Criminal Revision E098 of 2023) [2023] KEHC 20309 (KLR) (18 July 2023) (Ruling)
Neutral citation:
[2023] KEHC 20309 (KLR)
Republic of Kenya
Criminal Revision E098 of 2023
WA Okwany, J
July 18, 2023
Between
Vincent Migisi Ombati
Applicant
and
Republic
Respondent
({From the Original Conviction and Sentence of Hon. B. M. Kimtai – SPM Keroka dated & delivered on the 3{{^rd}} day of July 2019 in the Original Keroka Senior Principal Magistrate’s Court Sexual Offence Case No. 978 of 2016)
Ruling
1.The Applicant was charged and convicted on his own plea of guilty of the offence of breaking into a building and committing a felony contrary to section 306 (a) of the Penal Code, Cap 63 Laws of Kenya. The trial court sentenced him to serve 3 years imprisonment. The Applicant has already served 3 months in custody. The Sentence Review Report filed on June 26, 2023 by Probation Officer Jackline C, Mwei does not recommend a non-custodial sentence on the premise that the Applicant is a repeat offender and has previously served non-custodial sentences without reforming. Further, the Report indicates that the Applicant is not remorseful. For these reasons, I hereby direct that the Applicant continues to serve the sentence meted by the trial court in Keroka, Criminal Case No MCCR E001 of 2023.
Orders accordingly. DATED and DELIVERED at NYAMIRA on this 18th day of JULY 2023.W.A. OKWANY JUDGE
