Eyanae v Republic/ODPP (Criminal Revision E002 of 2025) [2025] KEHC 19475 (KLR) (19 September 2025) (Ruling) Neutral citation: [2025] KEHC 19475 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E002 OF 2025 PJO OTIENO, J SEPTEMBER 19, 2025 BETWEEN EKIRU EYANAE ....................................................................................... APPLICANT AND REPUBLIC/ODPP ................................................................................ RESPONDENT RULING 1. By the court ruling dated 2/2/2024, in Lodwar HC MISC App. No. 41 of 2019, the court was affirmative thus: In the present case, the Appellant was convicted and sentenced to twenty years imprisonment on appeal on 11th November, 2015 and has therefore served 9 years of his sentence, with a remainder of 11 years. He therefore does not qualify for consideration of a non-custodial sentence under the Community Service Orders Act. 2. It is just one year and seven months since that decision was rendered. The remainder of the term still exceed three years acceptable under the Community Service Order Act for consideration of a noncustodial sentence. 3. The applicant remain ineligible for consideration of a non-custodial sentence as requested. The request is declined. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 19TH DAY OF SEPTEMBER, 2025. PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19475/eng@2025-09-19 1
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