Omollo v Republic (Criminal Revision E452 of 2024) [2025] KEHC 8275 (KLR) (12 June 2025) (Ruling) Neutral citation: [2025] KEHC 8275 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E452 OF 2024 RN NYAKUNDI, J JUNE 12, 2025 BETWEEN ERICK OCHIENG OMOLLO ............................................................... PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING Representation: M/s Sidi for the State 1. 2. Before this court is an application dated 11th day of October 2024 seeking the following orders: i. That, the petitioner is seeking for a review of his sentence under section 362 as read with section 364 of the criminal procedure code in reliance to article 50(2) (1) of COK 2010 ii. That, I am seeking for orders to review my sentences on the basis of my mitigation on record and post sentence mitigation iii. That, I am seeking for orders to review my sentences on the basis of the sentencing objectives that are relevant to the circumstances in my case namely reconciliation, rehabilitation and reintegration iv. That, I am seeking for orders for compensation under section 35 of the penal code to restore the damage which I had caused to my family properties It is further annexed by an affidavit sworn by the said Erick Ochieng Omollo which states as follows: i. That I am Kenyan citizen who is an adult male of sound mind hence competent to swear this affidavit https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8275/eng@2025-06-12 1
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ii. That I was charged for the offence of CT. I Malicious damage to property c/section sentenced 3 years in, CT.II three counts of threatening to kill c/sec 223 PC sentenced 4 years in each of the two counts he was charged with, to be observed concurrently CT/III escape from lawful custody c/sec sentenced to 2 years was sentenced by CM’S court at Maseno that was delivered on 22nd September 2022 iii. That I did not file for an appeal against the above decisions but has opted to file for a criminal review for consideration on resentencing under sec 362 as read with sec 364 of CPC & article 50(2) (q) of COK: a. That I am a young man aged 30 years and unmarried. I have asked for forgiveness after I pleaded guilty to the charges from my family members for the wrong I committed against them. I am still sincerely remorseful and have learnt my lessons from my own experience on incarceration and I have used it as a learning point I promise I won’t do it again. The acts were done under the influence of alcohol which made me lose control of my actions and I am a first offender, on the account and seek for leniency. I am currently in form 1 to seek for knowledge at the prison academy as a form of rehabilitation program besides getting saved and sought counselling services. That the court in considering this new circumstances should review my sentences by one third or more of the imposed sentences to offer me a second chance on my life which is being ruined by the long sentences of 9 years he is serving currently b. That I am seeking for a compensatory order for the damages worth Kshs 150,000/=I inflicted on my 3 kin properties in exchange of my discharge on the sentences imposed on them c. That the petitioner is based on the sentencing objective on reconciliation and reintegration request for his re-sentence as the circumstances of his case is relevant to these objectives since I have already restored the relationship and have reconciled with all that I wronged as they are all my family members. d. That the petitioner during his sentencing the period of 0ne (1) month he spent in pretrial custody was not considered Decision. i. This application originates from criminal case no E307 of 2022 at CM’S Maseno. Therefore, the correct forum should be Kisumu high court. As a consequence, this application stands dismissed and a fresh one can be filed at Kisumu high court ii. It is ordered. GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 12TH DAY JUNE 2025 ........................... R. NYAKUNDI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8275/eng@2025-06-12 2
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