Yeringole v Republic [2022] KEHC 14595 (KLR)

Yeringole v Republic (Miscellaneous Criminal Case E004 of 2022) [2022] KEHC 14595 (KLR) (14 October 2022) (Judgment)

Neutral citation: [2022] KEHC 14595 (KLR)

Republic of Kenya

In the High Court at Kapenguria

Miscellaneous Criminal Case E004 of 2022

AC Mrima, J

October 14, 2022

Between

Yara Yeringole

Applicant

and

Republic

Respondent

Judgment

1The Petition is duly considered. It is not opposed by the state.

2. Given the finding in Baragoi Rotikin vs R (2022) eKLR and in Philip Mweke Maingi and others vs R(2022) eKLR, which this court concurs with the findings that indefinite sentence are constitutional, the following orders are issued;-a.Petition is allowed to the extent that the life sentence imposed on the Petitioner on March 15, 2011 is hereby set aside.b.As the petitioner has been in custody for 12 years now and given his age (71 years old), he is resentenced to the period already served.c.The Petitioner, unless otherwise lawfully held, he will be released from custody forthwith.

Dated at KAPENGURIA this 14th day of October, 2022. A C MRIMAJUDGE.