[2024] KEHC 12768 (KLR)
The court found that the applicant, convicted of defilement and sentenced to twelve years imprisonment, had demonstrated exemplary conduct during his incarceration as evidenced by the favourable prison recommendation letter. In the context of the Chief Justice's directive on prison decongestion, the court determined...
Source-derived case information.
- Citation
- [2024] KEHC 12768 (KLR)
- Parties
- Applicant: Evans Amenya Kirido; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 62 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- Application for sentence review allowed; applicant released from custody and placed on probation reintegration.
- Judges
- DR Kavedza
- Legal Topics
- Defilement Offence, Sentence Review, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Amenya Kirido
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant's conduct during incarceration justifies early release and conversion to a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, convicted of defilement and sentenced to twelve years imprisonment, had demonstrated exemplary conduct during his incarceration as evidenced by the favourable prison recommendation letter. In the context of the Chief Justice's directive on prison decongestion, the court determined that the applicant was eligible for early release and a non-custodial sentence. The balance of the sentence was considered, and the court ordered the applicant's immediate release with a requirement to report to the probation office for reintegration for six months.
Court Disposition
Application for sentence review allowed; applicant released from custody and placed on probation reintegration.
Orders
- The applicant is released forthwith from custody.
- The applicant shall report to Kibera Sub-County Probation Office for reintegration for a period of six months.
Full Case Text
Judgment text and source record
20 paragraphs
Kirido v Republic (Criminal Revision 62 of 2024) [2024] KEHC 12768 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12768 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 62 of 2024
DR Kavedza, J
October 22, 2024
Between
Evans Amenya Kirido
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Evans Amenya Kidido 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 defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve twelve (12) years imprisonment.
3. According to the Recommendation letter from prison dated 17th October 2024 on record, the applicant has conducted himself in a good manner all throughout his incarceration period where his discipline has been exemplary.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the report found in his favour. The applicant has a balance of two (2) years and ten (10) months to serve. In my view, the applicant is eligible for a non-custodial sentence.
5. I therefore direct that the applicant be released forthwith. He is directed to report to Kibera Sub - County Probation Office for reintegration for a period of six (6) months.It is so ordered.
RULING DATED AND DELIVERED VIRTUALLY THIS 22NDDAY OF OCTOBER 2024D. KAVEDZAJUDGE