'RIGHTS VIOLATED'

Kamiti inmate wants prison boss compelled to free him after life sentence reduced

Aloise Odhiambo's death sentence was commuted to life sentence by former President Mwai Kibaki in 2009

In Summary

• He was convicted for robbery with violence over 15 years ago at the Kibera law courts

• He was sentenced to death by hanging but after going for mitigation the sentence was reduced.

Kamiti Maximum Prison
Kamiti Maximum Prison
Image: FILE

An inmate who was convicted for robbery with violence says he has finished his sentence at the Kamiti Maximum Prison and should be released.

Aloise Odhiambo has filed a petition in court to have the facility compelled to effect his release. He says his rights have been violated.

Odhiambo says the commissioner general of prisons has not acted upon an order issued by Justice Weldon Korir and countersigned and delivered on May 30, 2019, at the High Court in Malindi.

He was convicted for robbery with violence over 15 years ago at a Kibera court, which later sentenced him to death by hanging. But after seeking mitigation, the sentence was reduced to life imprisonment in 2009 by former President Mwai Kibaki. 

In April this year, the Supreme Court ruled that room should be made for mitigation and resentencing. Odhiambo's life sentence was, therefore, reduced to 18 years. He wants the court to compel the prison authority to award him remission as ordered by Judge Korir.

"After mitigation and resentencing, my sentence was to end on November 23, 2015. That means my imprisonment is illegal and according to the order given to the officer-in-charge of Kamiti Prison on April 29 this year."

He also wants the court to determine whether he is entitled to 1/3 of his sentence according to the order issued by the court.