Wanyage alias Iron v Republic [2025] KEHC 8380 (KLR)

Wanyage alias Iron v Republic (Miscellaneous Criminal Application E058 of 2025) [2025] KEHC 8380 (KLR) (17 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8380 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E058 of 2025

DR Kavedza, J

June 17, 2025

Between

Gordon Onyango Wanyage Alias Iron

Applicant

and

Republic

Respondent

Ruling

1. The applicant was convicted and after a full trial convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to life imprisonment by the trial court. His appeal before this court was partially successful as the sentence was reduced to twenty-five (25) years imprisonment.

2. He filed the present application seeking sentence review. The grounds raised in support of the application are that since his incarceration he has been rehabilitated. He urged the court to grant a non-custodial sentence.

3. A probation report was filed with respect to the applicant. According to the said report, the applicant has been receptive to rehabilitation while in prison and is remorseful for committing the offence. In addition, he had spent already 23 years in prison.

4. The findings in the probation report are favourable and I accordingly find that he is eligible for early release having been rehabilitated.

5. The applicant is released forthwith unless otherwise lawfully held. The Probation Officer Kibera shall ensure his reintegration back into society.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 17TH DAY OF JUNE 2025D. KAVEDZAJUDGE