Xiaoting v Republic [2025] KEHC 3706 (KLR)

Xiaoting v Republic (Criminal Revision 2 of 2025) [2025] KEHC 3706 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3706 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 2 of 2025

DR Kavedza, J

March 26, 2025

Between

Qui Xiaoting

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Qui Xiaoting 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 for the offence of trafficking of narcotic drugs contrary to section 4 (a) of the Narcotic Drugs And Psychotropic Substances (Control) Act No.4 of 1994. He was sentenced on 10th October 2019 to pay a fine of Ksh.40,000,000 in default to serve one-year imprisonment. In addition, he was sentenced to serve eighteen (18) years imprisonment. All the sentences were to run consecutively from 4th July 2018 the date of arrest.

3. According to the undated probation report received on 4th February 2025, the applicant has served five years and three months of his sentence. The report is unfavourable due to the applicant being a foreign national with no permanent residence in the country, and the probation officer being unable to verify the contact information provided by the applicant.

4. As a result, supervision by a probation officer is impractical. Therefore, I find that the applicant is not eligible for early release.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 26THDAY OF MARCH 2025. ........................D. KAVEDZAJUDGE