John Ndungu v Republic [2020] KEHC 2135 (KLR) | Resentencing | Esheria

John Ndungu v Republic [2020] KEHC 2135 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT VOI

HCCPET  NO 21 OF 2019

JOHN NDUNGU............................................................PETITIONER

VERSUS

REPUBLIC..................................................................RESPONDENT

JUDGMENT

I have considered the Petitioner's submissions and those of the state.  The Petitioner was charged with robbery with violence and has spent 16 years in jail.  He robbed 92,000/= and caused harm to the victim.

I think the Petitioner has paid the debts to society, and is entitled to conditional discharge from prison.

I therefore make the following orders:-

1)  The Petitioner is hereby re-sentenced to serve 16 years in jail.

2)  Having served the said 16 years, the Petitioner is herewith forthwith released from jail on the following conditions.

(i)  The Petitioner shall report to Naivasha Police Station on every 1st day of the month for a period of one (1) year beginning 1/11/2020

(ii)  At the end of one year the Naivasha Police Station shall file a report in this court on the Petitioner, who shall then be free.

E.OGOLA-JUDGE

22/10/2020