[2025] KEHC 3706 (KLR)
The court found that the applicant, being a foreign national with no permanent residence in Kenya and unverifiable contact information, could not be effectively supervised by a probation officer. The probation report was unfavourable, and as such, the applicant did not meet the criteria for early release under the...
Source-derived case information.
- Citation
- [2025] KEHC 3706 (KLR)
- Parties
- Applicant: Qui Xiaoting; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 2 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- Application for sentence review and early release dismissed.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Narcotic Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Qui Xiaoting
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is eligible for sentence review and early release under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant's status as a foreign national affects eligibility for probation supervision.
Ratio Decidendi
The court found that the applicant, being a foreign national with no permanent residence in Kenya and unverifiable contact information, could not be effectively supervised by a probation officer. The probation report was unfavourable, and as such, the applicant did not meet the criteria for early release under the Chief Justice Memo on prison decongestion. The practicality of probation supervision is a mandatory consideration, and in its absence, early release cannot be granted.
Court Disposition
Application for sentence review and early release dismissed.
Orders
- The applicant is not eligible for early release.
- Application for sentence review is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Xiaoting v Republic (Criminal Revision 2 of 2025) [2025] KEHC 3706 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3706 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 2 of 2025
DR Kavedza, J
March 26, 2025
Between
Qui Xiaoting
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Qui Xiaoting 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 for the offence of trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic Drugs And Psychotropic Substances (Control) Act No.4 of 1994. He was sentenced on 10th October 2019 to pay a fine of Ksh.40,000,000 in default to serve one-year imprisonment. In addition, he was sentenced to serve eighteen (18) years imprisonment. All the sentences were to run consecutively from 4th July 2018 the date of arrest.
3. According to the undated probation report received on 4th February 2025, the applicant has served five years and three months of his sentence. The report is unfavourable due to the applicant being a foreign national with no permanent residence in the country, and the probation officer being unable to verify the contact information provided by the applicant.
4. As a result, supervision by a probation officer is impractical. Therefore, I find that the applicant is not eligible for early release.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 26THDAY OF MARCH 2025. ........................D. KAVEDZAJUDGE