(MCCR No. E509 of 2025 at the Chief Magistrate's Court at Shanzu – File identified for prison decongestion)
1. This matter was placed before the Court during the prison decongestion exercise undertaken pursuant to the directions of the Honourable the Chief Justice on the continuous review of deserving cases under the High Court's supervisory jurisdiction.
2. The Court has considered the recommendation letter from the Officer in Charge of the prison dated 8th June 2026, indicating that the Applicant had been identified as eligible for consideration under the decongestion programme.
3. The Applicant was convicted by the trial court of the offence of threatening to kill contrary to Section 223(1) of the Penal Code.
4. The Court has also considered the Pre-Sentence Report dated 13th March 2026. The report indicates that the Applicant's family requires additional time to prepare for his reintegration into the community in a manner that will ensure peace and stability. It further notes that, if released at this stage, the Applicant faces a real risk of mob justice.
5. In addition, the report reveals that the Applicant has a history of substance abuse. It expresses the view that rehabilitation through a non-custodial sentence may not presently be effective, particularly because his safety upon release cannot be guaranteed.
6. Having carefully considered the material placed before the Court, I am satisfied that the Applicant's immediate release would not be in his best interests or those of the community. The concerns raised regarding his personal safety and the need for adequate reintegration arrangements are substantial and cannot be overlooked.
7. Consequently, the Court finds that this is not a suitable case for relief under the prison decongestion programme. The application is therefore declined.
8. It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026.
WENDY K. MICHENI
JUDGE
HIGH COURT OF KENYA
MOMBASA
1. This matter was placed before the Court during the prison decongestion exercise undertaken pursuant to the directions of the Honourable the Chief Justice on the continuous review of deserving cases under the High Court's supervisory jurisdiction.
2. The Court has considered the recommendation letter from the Officer in Charge of the prison dated 8th June 2026, indicating that the Applicant had been identified as eligible for consideration under the decongestion programme.
3. The Applicant was convicted by the trial court of the offence of threatening to kill contrary to Section 223(1) of the Penal Code.
4. The Court has also considered the Pre-Sentence Report dated 13th March 2026. The report indicates that the Applicant's family requires additional time to prepare for his reintegration into the community in a manner that will ensure peace and stability. It further notes that, if released at this stage, the Applicant faces a real risk of mob justice.
5. In addition, the report reveals that the Applicant has a history of substance abuse. It expresses the view that rehabilitation through a non-custodial sentence may not presently be effective, particularly because his safety upon release cannot be guaranteed.
6. Having carefully considered the material placed before the Court, I am satisfied that the Applicant's immediate release would not be in his best interests or those of the community. The concerns raised regarding his personal safety and the need for adequate reintegration arrangements are substantial and cannot be overlooked.
7. Consequently, the Court finds that this is not a suitable case for relief under the prison decongestion programme. The application is therefore declined.
8. It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026.
WENDY K. MICHENI
JUDGE
HIGH COURT OF KENYA
MOMBASA