Robinson Onchiri Ondeyo v Republic

Ondeyo v Republic (Criminal Revision 89 of 2026) [2026] KEHC 11913 (KLR) (30 July 2026) (Ruling) Neutral citation: [2026] KEHC 11913 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 89 OF 2026 DR KAVEDZA, J JULY 30, 2026 BETWEEN ROBINSON ONCHIRI ONDEYO ......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was convicted and after a full trial convicted for the ofience of rape contrary to section 3(1)(a)(b) as read with section 3(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to ten (10) years imprisonment. 2. He filed the present application seeking sentence review. The grounds raised in support of the application are that since his incarceration he has been rehabilitated. He urged the court to grant a noncustodial sentence. 3. A probation report was filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and is remorseful for committing the ofience. In addition, he had already spent six (6) years and seven (7) months years in prison. 4. The findings in the probation report are favourable and I accordingly find that he is eligible for early release having been rehabilitated. 5. The applicant is released forthwith unless otherwise lawfully held. The Probation Officer Kibera shall ensure his reintegration back into society. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF JULY 2026 D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11913/eng@2026-07-30 1

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