Case ID:178302

Vitalis Okoth Omondi v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Revision E046 of 2021

Parties:

Vitalis Okoth Omondi v Republic

Date Delivered:

28 Jun 2021

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Vitalis Okoth Omondi v Republic [2021] eKLR

Case History:

Being an Application for Revision of sentence in Ukwala Principal Magistrate Court Cr. Case No. 565 of 2016 delivered on 02/03/2017 by Hon. G. Adhiambo, Senior Resident Magistrate and Siaya HCRA 27 of 2017, 28 of 2017 and 30 of 2017(Consolidated)

Court Division:

Criminal

County:

Siaya

History Docket No:

HCRA 27 &28; of 2017

History Magistrate:

Hon. G. Adhiambo, Senior Resident Magistrate

History County:

Siaya

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. E046 OF 2021

CORAM: R.E. ABURILI, J

VITALIS OKOTH OMONDI......APPLICANT

VERSUS

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

(Being an Application for Revision of sentence in Ukwala Principal Magistrate Court Cr. Case No. 565 of 2016 delivered on 02/03/2017 by Hon. G. Adhiambo, Senior Resident Magistrate and Siaya HCRA 27 of 2017, 28 of 2017 and 30 of 2017(Consolidated)

RULING

1. The applicant Vitalis Okoth Omondi was convicted of the offences of arson and assault. He appeared vide HCRA 27 of 2017, 28 of 2017 and 30 of 2017 (consolidated).

2. The above appeals were dismissed.

3. In the said appeals, he withdrew the challenge against conviction and only challenged sentence. The court dismissed the sentence reduction Plea and upheld the six years and 11 months imprisonment.

4. He never appealed to the court of appeal, challenging the decision of this court.

5. Instead, he filed two separate Sentence Revision applications namely: HC Revision 53 of 2019 which was dismissed on 26/9/2019 and HCR Revision 170 of 2018 which was dismissed on 11/7/2019.

6. He has come before this court once again with the third Revision of sentence application. I find the applicant abusing court process. This court having pronounced itself three times on the issue of sentence reduction, cannot sit on its own appeals. Accordingly, the application for sentence revision is hereby declined and dismissed.

7. File closed.

8. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 28

TH

DAY OF JUNE, 2021

R.E. ABURILI

JUDGE