Mombasa court has today set free a man for wrongful jail terms after serving 11 years in prison.
Tom Ochieng was found guilty of robbery with violence and was sentenced to life imprisonment 11 years ago.
However, according to Justice Erick Ogola of the High Court of Mombasa, Ochieng’s rights were violated after he was punished under section 297 (2) of the penal code instead of the section 389 which carries a maximum of seven years.
“Ochieng’s rights were violated because he was wrongly sentenced under Section 297 (2) of the Penal Code instead of Section 389 which carries a maximum of seven years,” he said.
Ogola said the two sections of the penal code were contradicting saying the National Assembly has to intervene to avoid such cases of wrongful jail terms.
He ordered the convicted to be released with immediate effect since he had already served jail term by four extra years.
“Since the petitioner was supposed to serve seven years under the section he was found guilty in, he should be released forthwith because he had served excess years,” Ogola added.
Story by Enock Ndayala – Tuko correspondent
Source: Tuko News