[2025] KEHC 3220 (KLR)
The court found that the applicant, having served a significant portion of his sentence for robbery with violence, demonstrated exemplary conduct during incarceration, and received a favourable probation report, qualified for early release under the prison decongestion initiative. There was no legal impediment to...
Source-derived case information.
- Citation
- [2025] KEHC 3220 (KLR)
- Parties
- Applicant: Evans Liyai Kandami; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 232 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review and early release allowed.
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentence Review, Prison Decongestion, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Liyai Kandami
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant qualifies for early release under the prison decongestion initiative.
- 2 Whether there is any legal impediment to granting early release to the applicant.
Ratio Decidendi
The court found that the applicant, having served a significant portion of his sentence for robbery with violence, demonstrated exemplary conduct during incarceration, and received a favourable probation report, qualified for early release under the prison decongestion initiative. There was no legal impediment to granting the application, especially as only nine months remained after remission. The court exercised its discretion to order the applicant's immediate release and directed him to report to the probation officer for reintegration.
Court Disposition
Application for sentence review and early release allowed.
Orders
- The applicant is released forthwith.
- The applicant is directed to report to the probation officer Kibera Sub-County for reintegration.
Full Case Text
Judgment text and source record
21 paragraphs
Kandami v Republic (Criminal Revision 232 of 2024) [2025] KEHC 3220 (KLR) (18 February 2025) (Ruling)
Neutral citation: [2025] KEHC 3220 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 232 of 2024
DR Kavedza, J
February 18, 2025
Between
Evans Liyai Kandami
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Evans Liyai Kandami is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted on the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death. The sentence was later reduced to thirty (30) years imprisonment.
3. According to the undated probation report on record received on 4th November 2024, the applicant has conducted himself in a good manner all throughout his incarceration period and his discipline has been exemplary.
4. From the record, the applicant has been in custody since July 23, 2005. Additionally, the probation report is favourable. Considering these factors, the applicant qualifies for early release. The applicant has already served a significant portion of his sentence, with only nine (9) months remaining after applying remission. Given the duration of incarceration and the positive probation assessment, I find no legal impediment to granting early release.
5. The applicant is released forthwith and directed to report to the probation officer Kibera Sub-County for reintegration.
It is so ordered.
RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF FEBRUARY 2025________________D. KAVEDZAJUDGE