[2024] KEHC 3998 (KLR)

[2024] KEHC 3998 (KLR)

The court found that the applicant, having served only three years of a ten-year sentence, does not meet the eligibility criteria for release as set out in the Chief Justice's Memo dated 7/12/2022. The court further noted that the wrong files are being availed for decongestion purposes and that the judgment is...

Source-derived case information.

Citation
[2024] KEHC 3998 (KLR)
Parties
Applicant: Peter Kisungura Andalo; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Revision 79 of 2024
Procedural Posture
Criminal Revision / Ruling
Outcome
Application for release declined; file to be returned to lower court.
Judges
DR Kavedza
Legal Topics
Sentence Review, Prison Decongestion, Eligibility for Release
Source Language
en
Criminal Law Sentence Review Prison Decongestion Eligibility for Release

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Parties

Peter Kisungura Andalo

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the applicant is eligible for release under the Chief Justice's Memo dated 7/12/2022.
  2. 2 Whether the correct file was availed for the purpose of prison decongestion.

Ratio Decidendi

The court found that the applicant, having served only three years of a ten-year sentence, does not meet the eligibility criteria for release as set out in the Chief Justice's Memo dated 7/12/2022. The court further noted that the wrong files are being availed for decongestion purposes and that the judgment is missing from the file. Consequently, the file is to be returned to the lower court for safe custody, and no order for release is made.

Court Disposition

Application for release declined; file to be returned to lower court.

Orders

  • The applicant is not eligible for release as per the Chief Justice's Memo dated 7/12/2022.
  • File to be returned to the lower court for safe custody.