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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
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.
