A man convicted for robbery with violence remains held at the Shimo La Tewa Prison in Mombasa, eight months after a court ordered for his release.
Hassan Kafan was arrested in 2010 and charged with robbery with violence, but managed to successfully appeal his life sentence before the Mombasa High Court.
However, he said, despite the court ordering his release and a fresh trial, after he convinced it that his conviction was not backed by proper evidence, he is still being held in prison.
According to him, he is still in custody since the judge did not type the ruling issued to the prison, and therefore he cannot be released unless it is typed.
The 37-year-old has since written to the Mombasa Law Courts Deputy Registrar, seeking to have his file traced and the typed ruling issued to him.
"The judge ordered for a fresh trial, that means the judgement is to be served to the prison authorities. However in this case, the judge left with the file and no judgement has been released to the courts registry. Therefore, the prison cannot act, I have been through hell; right now I have resigned to my fate. I do not think I will ever get justice,” he said as quoted by People Daily.
However, the registrar is yet to respond to his letter.
He was convicted for allegedly robbing Nzomo Muthui of his phone and money in Likoni in June 17, 2010, a crime he has denied committing.