(MCCRC/E326/2025 at Chief Magistrates Court Mombasa was identified for decongestion)
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s directive on continuous prison decongestion under the High Court Supervisory Jurisdiction.
2. Recommendation Letter from Prison dated 08/06/2026 indicates that the Applicant was identified as eligible for the exercise
3. The Applicant was convicted by the trial court for the offence of house breaking with intent to commit a felony contrary to section 304(1) of the Penal Code.
4. A Pre-Sentencing Report dated 02/04/2026 expresses that there is a risk of re-offending. The Applicant has a prior conviction of theft. He also has substance dependance and has two failed rehabilitation attempts. He has no permanent abode.
5. It was clear that the Applicant had no regards to any rehabilitation attempt. He must spend more time in custody; this shall deter him from committing any offence in the future as he will know too well that he shall be met with equal weight of the law.
6. Even though the Applicant has been considered for decongestion there is a threat of re-offending. He shall not benefit from a non-custodial sentence.
7. The Court declines the Application.
8. It is ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31 ST DAY OF JULY OF 2026
WENDY .K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA
2
1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s directive on continuous prison decongestion under the High Court Supervisory Jurisdiction.
2. Recommendation Letter from Prison dated 08/06/2026 indicates that the Applicant was identified as eligible for the exercise
3. The Applicant was convicted by the trial court for the offence of house breaking with intent to commit a felony contrary to section 304(1) of the Penal Code.
4. A Pre-Sentencing Report dated 02/04/2026 expresses that there is a risk of re-offending. The Applicant has a prior conviction of theft. He also has substance dependance and has two failed rehabilitation attempts. He has no permanent abode.
5. It was clear that the Applicant had no regards to any rehabilitation attempt. He must spend more time in custody; this shall deter him from committing any offence in the future as he will know too well that he shall be met with equal weight of the law.
6. Even though the Applicant has been considered for decongestion there is a threat of re-offending. He shall not benefit from a non-custodial sentence.
7. The Court declines the Application.
8. It is ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31 ST DAY OF JULY OF 2026
WENDY .K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA
2