(MCCRC No. E675 of 2023 at the Chief Magistrate's Court, Mombasa, identified for consideration under the prison decongestion programme.)
1. This matter came before the Court pursuant to the Honourable Chief Justice's directive on the continuous prison decongestion exercise under the High Court's supervisory jurisdiction.
2. A recommendation letter from the Officer in Charge of Prison dated 8th June 2026 indicates that the Applicant was assessed and found suitable for consideration under the prison decongestion programme.
3. The Applicant was convicted by the trial court of the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code and was sentenced to five (5) years' imprisonment.
4. The Court has considered the Pre-Sentence Report dated 14th May 2025. The report indicates that the Applicant has expressed genuine remorse for his actions and has undertaken to seek forgiveness from the complainant with a view to promoting reconciliation and peaceful coexistence. It further reveals that the Applicant has maintained good conduct while in custody and that members of the community hold a favourable view of his reintegration, expressing confidence in his commitment to reform.
5. The Court is alive to the gravity of the offence for which the Applicant was convicted. Nevertheless, the Applicant has now served a substantial portion of the custodial sentence imposed by the trial court. The Court has also taken into account the favourable recommendation by the prison authorities, the positive Pre-Sentence Report, the Applicant's demonstrated remorse and rehabilitation, and the objectives of the prison decongestion programme. These factors collectively persuade the Court that the Applicant is a suitable candidate for a structured non-custodial sentence without compromising the interests of justice or public safety.
6. Accordingly, the remainder of the custodial sentence is hereby commuted to a probation sentence of one (1) year. Upon release, the Applicant shall report to the nearest Probation Office within seven (7) days for supervision and shall comply with all lawful directions issued by the Probation Officer during the probation period. The Applicant is reminded that this opportunity is extended in recognition of his demonstrated rehabilitation and that he is expected to remain of good conduct and obey the law.
7. It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY, 2026.
WENDY K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA
1. This matter came before the Court pursuant to the Honourable Chief Justice's directive on the continuous prison decongestion exercise under the High Court's supervisory jurisdiction.
2. A recommendation letter from the Officer in Charge of Prison dated 8th June 2026 indicates that the Applicant was assessed and found suitable for consideration under the prison decongestion programme.
3. The Applicant was convicted by the trial court of the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code and was sentenced to five (5) years' imprisonment.
4. The Court has considered the Pre-Sentence Report dated 14th May 2025. The report indicates that the Applicant has expressed genuine remorse for his actions and has undertaken to seek forgiveness from the complainant with a view to promoting reconciliation and peaceful coexistence. It further reveals that the Applicant has maintained good conduct while in custody and that members of the community hold a favourable view of his reintegration, expressing confidence in his commitment to reform.
5. The Court is alive to the gravity of the offence for which the Applicant was convicted. Nevertheless, the Applicant has now served a substantial portion of the custodial sentence imposed by the trial court. The Court has also taken into account the favourable recommendation by the prison authorities, the positive Pre-Sentence Report, the Applicant's demonstrated remorse and rehabilitation, and the objectives of the prison decongestion programme. These factors collectively persuade the Court that the Applicant is a suitable candidate for a structured non-custodial sentence without compromising the interests of justice or public safety.
6. Accordingly, the remainder of the custodial sentence is hereby commuted to a probation sentence of one (1) year. Upon release, the Applicant shall report to the nearest Probation Office within seven (7) days for supervision and shall comply with all lawful directions issued by the Probation Officer during the probation period. The Applicant is reminded that this opportunity is extended in recognition of his demonstrated rehabilitation and that he is expected to remain of good conduct and obey the law.
7. It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY, 2026.
WENDY K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA