Kandami v Republic [2025] KEHC 3220 (KLR)

Kandami v Republic (Criminal Revision 232 of 2024) [2025] KEHC 3220 (KLR) (18 February 2025) (Ruling)

Neutral citation: [2025] KEHC 3220 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 232 of 2024

DR Kavedza, J

February 18, 2025

Between

Evans Liyai Kandami

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Evans Liyai Kandami 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 robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to death. The sentence was later reduced to thirty (30) years imprisonment.

3. According to the undated probation report on record received on 4th November 2024, the applicant has conducted himself in a good manner all throughout his incarceration period and his discipline has been exemplary.

4. From the record, the applicant has been in custody since July 23, 2005. Additionally, the probation report is favourable. Considering these factors, the applicant qualifies for early release. The applicant has already served a significant portion of his sentence, with only nine (9) months remaining after applying remission. Given the duration of incarceration and the positive probation assessment, I find no legal impediment to granting early release.

5. The applicant is released forthwith and directed to report to the probation officer Kibera Sub-County for reintegration.

It is so ordered.

RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF FEBRUARY 2025________________D. KAVEDZAJUDGE