[2024] KEHC 3846 (KLR)
The applicant has served approximately five years and five months of a ten-year sentence for robbery with violence. The Chief Justice's memo provides that only inmates serving three years or less, or those with a balance of three years or less, may be considered for non-custodial sentences. Since the applicant has...
Source-derived case information.
- Citation
- [2024] KEHC 3846 (KLR)
- Parties
- Applicant: Yusuf Haron Odindo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 110 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed; applicant not eligible for non-custodial sentence.
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing Guidelines, Remand Custody Credit
- Source Language
- en
Source-derived case record
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Parties
Yusuf Haron Odindo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for non-custodial sentence under the Chief Justice's memo dated 7/12/2022.
- 2 Whether the period spent in remand custody was considered in sentencing.
Ratio Decidendi
The applicant has served approximately five years and five months of a ten-year sentence for robbery with violence. The Chief Justice's memo provides that only inmates serving three years or less, or those with a balance of three years or less, may be considered for non-custodial sentences. Since the applicant has more than three years remaining on his sentence, he does not qualify for non-custodial release under the current guidelines. The trial court had already considered the period spent in remand custody when imposing the sentence. Therefore, there is no legal basis to revise the sentence or grant the relief sought by the applicant.
Court Disposition
Application for revision dismissed; applicant not eligible for non-custodial sentence.
Orders
- The file shall be returned to the lower court for safe custody.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odindo v Republic (Criminal Revision 110 of 2024) [2024] KEHC 3846 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3846 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 110 of 2024
DR Kavedza, J
April 15, 2024
Between
Yusuf Haron Odindo
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicant is serving 10 years’ imprisonment for the offense of robbery with violence, which was imposed by the trial court on 14/11/2016. The trial magistrate considered the period spent in remand custody before imposing the sentence.
2. In total, the applicant has been in custody for about 5 years and 5 months.
3. According to the Chief Justice’s memo dated 7/12/2022, inmates who are serving three (3) years or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentence.
4. The applicant herein has only served slightly over half of his 10 years’ sentence and is therefore not eligible for release as per the aforementioned memo.
5. The file shall be returned to the lower court for safe custody.
6. File closed.
Orders accordingly.
RULING DELIVERED THIS DAY 15TH DAY OF APRIL 2024. ..............................D. KAVEDZAJUDGE