Odindo v Republic [2024] KEHC 3846 (KLR)

Odindo v Republic (Criminal Revision 110 of 2024) [2024] KEHC 3846 (KLR) (15 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3846 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 110 of 2024

DR Kavedza, J

April 15, 2024

Between

Yusuf Haron Odindo

Applicant

and

Republic

Respondent

Ruling

1. I have gone through the file and noted that the applicant is serving 10 years’ imprisonment for the offense of robbery with violence, which was imposed by the trial court on 14/11/2016. The trial magistrate considered the period spent in remand custody before imposing the sentence.

2. In total, the applicant has been in custody for about 5 years and 5 months.

3. According to the Chief Justice’s memo dated 7/12/2022, inmates who are serving three (3) years or less, or those serving long sentences but have a balance of three (3) years or less may be considered for non-custodial sentence.

4. The applicant herein has only served slightly over half of his 10 years’ sentence and is therefore not eligible for release as per the aforementioned memo.

5. The file shall be returned to the lower court for safe custody.

6. File closed.

Orders accordingly.

RULING DELIVERED THIS DAY 15TH DAY OF APRIL 2024. ..............................D. KAVEDZAJUDGE