Andalo alias Guka v Republic [2024] KEHC 15769 (KLR)

Andalo alias Guka v Republic (Criminal Revision 213 of 2024) [2024] KEHC 15769 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15769 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 213 of 2024

DR Kavedza, J

December 13, 2024

Between

Peter Kisungura Andalo Alias Guka

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Peter Kisungura Andalo alias Guka 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 ten (10) years imprisonment.

3. According to the Recommendation letter from prison dated 4th December 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 favor. The applicant has a balance of one (1) year and eleven (11) months to serve. In my view, the applicant is eligible for a non-custodial sentence.

5. I therefore direct that the applicant be placed on three (3) years probation. He is directed to report to Kibera Sub - County Probation Office for reintegration.It is so ordered.

RULING DATED AND DELIVERED VIRTUALLY THIS 13THDAY OF DECEMBER 2024________________D. KAVEDZAJUDGE