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JudgmentVICTOR ODHIAMBO OMANYA VS The Republic3 min read

VICTOR ODHIAMBO OMANYA VS The Republic

High Court at Mombasa High Court · · Wendy Micheni


(ORIGINATING FROM CRIMINAL CASE NUMBER 1050 OF 2019 IN THE CHIEF MAGISTRATE’S COURT AT MOMBASA (HON. C. A. OGWENO [R.M])

RULING

  1. The Applicant was charged and convicted after a full trial for the offence of  Causing Grievous harm contrary to Section 234 of the Penal Code and sentenced to 10 years imprisonment on 25th November, 2021. He made an application for the review of his sentence. In his mitigation grounds, the Applicant stated that he had been in custody for a period of about four (4) years now since his arrest and thus he was remorseful. He was a first time offender and hence begged the court for forgiveness.  He submitted that the  ten year sentence imposed on him was within the preferred sentence for the offence as prescribed by the law but he still felt it harsh. He was the sole provider for his family
  2. A sentence review report dated 22nd October, 2024 by Stephen Muthoka indicated that the Applicant was 33 years old and had been arrested about 4 years ago. The family had reported that posses no security threat and that he would not face any security risks as they would put in place empowerment plans as he sought to stabilize his life and establish his generation as he was not married at the time of arrest and conviction. A non – custodial sentence in their considered opinion will serve a best interest for his health and enable further rehabilitation as they held that he had suffered enough while in custody and had fully changed.
  3. According to the Officer the inmate was partially deaf with one ear on the right totally deaf. His right leg was over swollen on the ankle as he was diagnosed with Varicose vein stocking. He was further referred to Doppler scan which reportedly could not be catered for by prison authorities due to its high costs. Further the family offered to establish his economic source of income and livelihood when released and offer any psychological support as he adjusts from being in prison where he had been for 4 years.
  4. The officer further stated that the Applicant was remorseful and regretted his anger actions which resulted to lifetime struggles. He prayed for mercy from this Honourable Court and forgiveness from the victims as he looked forward to be an ambassador of peace in any chance he may be released. The Applicant was aggregable to perform unpaid community work for any period or supervision on probation order in the remaining three years of his sentence.
  5. The officer recommended that the inmate was suitable for non – custodial sentence and that his family had set aside proper rehabilitation and supervision support while he was out of custody. The officer recommended for the Applicant to be placed for 3 years’ probation sentence under supervision of the Mombasa County Probation Office.
  6. I have considered the Sentence Review Report I find that the Applicant has served sufficient punishment. I set aside the sentence by the trial court and substitute the same with the time already spent in custody plus  a probation period  of 3 years under the supervision of the Mombasa County Probation Office.

IT IS SO ORDERED ACORDINGLY.

RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS ……17TH.…………DAY OF …………JANUARY……………..…….., 2025.

……………………………………………………..

HON. LADY JUSTICE W. M. KAGENDO

(JUDGE)

HIGH COURT OF KENYA AT MOMBASA

(CRIMINAL DIVISION)

In the presence of:

M/s. Maureem Court Assistant;

……Mr. Ngiri……………..……………State Counsel;

………………………………………….…Applicant

    VICTOR ODHIAMBO OMANYA VS The Republic VICTOR ODHIAMBO OMANYA VS The Republic