[2024] KEHC 10826 (KLR)
The court found that the applicant, having served the majority of his sentence for robbery with violence and with only one year remaining after remission, fell within the category of inmates eligible for non-custodial sentences under the Chief Justice's decongestion memo. The probation report indicated the...
Source-derived case information.
- Citation
- [2024] KEHC 10826 (KLR)
- Parties
- Applicant: Yusuf Haron Odindo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 226 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Applicant placed on probation for six months.
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing, Non Custodial Sentences, Probation, Prison Remission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yusuf Haron Odindo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant qualifies for a non-custodial sentence under the Chief Justice's decongestion memo.
- 2 Whether the applicant's conduct and rehabilitation progress justify probation.
Ratio Decidendi
The court found that the applicant, having served the majority of his sentence for robbery with violence and with only one year remaining after remission, fell within the category of inmates eligible for non-custodial sentences under the Chief Justice's decongestion memo. The probation report indicated the applicant's positive conduct, participation in rehabilitation, and readiness for reintegration, with family support available. There being no opposition and the statutory and policy guidelines satisfied, the court exercised its discretion to substitute the remaining custodial sentence with a six-month probation order under supervision.
Court Disposition
Application allowed. Applicant placed on probation for six months.
Orders
- The applicant is placed on probation for six months under the supervision of the Sub-County probation officer, Kibera.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odindo v Republic (Criminal Revision 226 of 2024) [2024] KEHC 10826 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10826 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 226 of 2024
DR Kavedza, J
September 17, 2024
Between
Yusuf Haron Odindo
Applicant
and
Republic
Respondent
Ruling
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s memo dated 7/12/2022, which provides that inmates who are serving three (3) years imprisonment or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentences.
2. I have gone through the file and noted that applicant was convicted by the trial court for the offence of Robbery with Violence contrary to section 295 as read with 296(2) of the Penal Code. He was sentenced to serve 10 years imprisonment.
3. According to the Prison Conduct from Prison dated 15th August 2024, the applicant has served 5 years and 9 months of his sentence, with one year remaining, after accounting for a remission period of 3 years and 4 months.
4. A Probation Report was also filed with respect to the Applicant. According to the said report, the applicant has been receptive to rehabilitation programs and is ready to serve a non-custodial sentence. His family members, particularly his mother, is also ready to facilitate his progressive reintegration upon release.
5. The findings in the probation report are in favour of the applicant and I accordingly find that he is eligible for a non-custodial sentence.
6. I therefore order that the applicant be placed on probation for six (6) months, under the supervision of the Sub-County probation officer, Kibera.
7. File closed.Orders accordingly.
RULING DELIVERED THIS 17TH DAY OF SEPTEMBER 2024. ________________D. KAVEDZAJUDGE