Kirido v Republic [2024] KEHC 12768 (KLR)

Kirido v Republic (Criminal Revision 62 of 2024) [2024] KEHC 12768 (KLR) (22 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12768 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 62 of 2024

DR Kavedza, J

October 22, 2024

Between

Evans Amenya Kirido

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Evans Amenya Kidido 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 twelve (12) years imprisonment.

3. According to the Recommendation letter from prison dated 17th October 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 favour. The applicant has a balance of two (2) years and ten (10) months to serve. In my view, the applicant is eligible for a non-custodial sentence.

5. I therefore direct that the applicant be released forthwith. He is directed to report to Kibera Sub - County Probation Office for reintegration for a period of six (6) months.It is so ordered.

RULING DATED AND DELIVERED VIRTUALLY THIS 22NDDAY OF OCTOBER 2024D. KAVEDZAJUDGE