1. The Applicant, Jane Wanja Mwaura, was charged and convicted with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code; and consequently, sentenced to 10 years in prison on 08/02/2020 after having been convicted on 28/11/2019.
2. She has moved to Court vide a Notice of Motion Application dated 13/02/2026 which is supported by her Affidavit of even date.
3. The Application seeks:
a. That the Applicant’s pre-conviction time spent in custody, which the Applicant avers was not considered at sentencing and which amounts to 1 Year and 7 Months, be considered and applied to her sentence pursuant to Section 333(2) of the Criminal Procedure Code; AND
b. That she be placed on probation for the remainder of her sentence.
4. The Applicant avers that she is suitable for probation as she is remorseful, rehabilitated, and has successfully completed courses in knitting, tailoring, fashion and design, among others. The Applicant states that the combination of these factors mean that she would easily reintegrate into society and be able to engage in lawful businesses that would benefit herself as well as her children and grandchildren.
5. The Application is unopposed.
6. Having considered the Application, the oral arguments by the Applicant at today’s hearing, and the lack of opposition by the Prosecution; I make the following findings:
a. The Applicant was arrested on 25/07/2015 and was in custody from that date up until 17/11/2016 when she was granted bail/bond and released from custody;
b. A perusal of the file and the original record confirm that the period of the period 25/07/2015 to 17/11/2016 being 1 Year 3 Months and 28 Days ought to have been considered and applied but was not;
c. The Sentence began on 28/11/2019 being the date of conviction, as per the Sentencing Ruling dated 07/02/2026; AND
d. The Applicant has thus served 6 years, 5 Months and 14 days of the sentence from the date of sentence to date.
7. When the two periods are added together, 6 Years, 5 Months and 14 Days and 1 Year 3 Months and 28 Days, the Applicant has served 7 Years, 9 Months and 12 days out of a 10 Year sentence. Of this period, 1 Year 3 Months and 28 Days was not factored into the sentence by the High Court initially.
8. That leaves the Applicant with 2 Years, 2 Months and 18 days of her sentence remaining. Thus, she is eligible for Probation. However, noting her advanced age, remorse, and the demonstrable rehabilitation she has secured; it would not be a prudent use of limited probationary resources to impose probationary terms. Exemplary inmates should secure the benefit of the years of hard work they have put in with respect to rehabilitation and reform.
9. Consequently, and for the foregoing reasons, this Court:
a. Re-computes the time served by the Applicant to include the period of 1 Year and 3 Months and 28 Days Months pursuant to Section 333(2) of the Criminal Procedure Code;
b. Computes that the Applicant’s remaining term after that re-computation is 2 Years, 2 Months and 18 days; AND
c. The Applicant’s time already served is deemed to be sufficient and not-requiring probationary terms.
10. In the result, the Applicant’s sentence is now fully served, and the Applicant is to be immediately set at liberty unless otherwise lawfully detained, with the best wishes of the Court for a happy and prosperous life without any further conflict with the law.
11. Orders Accordingly. File Closed Accordingly.
DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS 11 TH DAY OF MAY 2026.
…………………………………………………………………
BAHATI MWAMUYE MBS
JUDGE
Delivered in the Presence of:
Applicant – Jane Wanja Mwaura
Prosecutor – Ms. Caroline Muriu
Court Assistant – Mr. Martin Mwenda
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2. She has moved to Court vide a Notice of Motion Application dated 13/02/2026 which is supported by her Affidavit of even date.
3. The Application seeks:
a. That the Applicant’s pre-conviction time spent in custody, which the Applicant avers was not considered at sentencing and which amounts to 1 Year and 7 Months, be considered and applied to her sentence pursuant to Section 333(2) of the Criminal Procedure Code; AND
b. That she be placed on probation for the remainder of her sentence.
4. The Applicant avers that she is suitable for probation as she is remorseful, rehabilitated, and has successfully completed courses in knitting, tailoring, fashion and design, among others. The Applicant states that the combination of these factors mean that she would easily reintegrate into society and be able to engage in lawful businesses that would benefit herself as well as her children and grandchildren.
5. The Application is unopposed.
6. Having considered the Application, the oral arguments by the Applicant at today’s hearing, and the lack of opposition by the Prosecution; I make the following findings:
a. The Applicant was arrested on 25/07/2015 and was in custody from that date up until 17/11/2016 when she was granted bail/bond and released from custody;
b. A perusal of the file and the original record confirm that the period of the period 25/07/2015 to 17/11/2016 being 1 Year 3 Months and 28 Days ought to have been considered and applied but was not;
c. The Sentence began on 28/11/2019 being the date of conviction, as per the Sentencing Ruling dated 07/02/2026; AND
d. The Applicant has thus served 6 years, 5 Months and 14 days of the sentence from the date of sentence to date.
7. When the two periods are added together, 6 Years, 5 Months and 14 Days and 1 Year 3 Months and 28 Days, the Applicant has served 7 Years, 9 Months and 12 days out of a 10 Year sentence. Of this period, 1 Year 3 Months and 28 Days was not factored into the sentence by the High Court initially.
8. That leaves the Applicant with 2 Years, 2 Months and 18 days of her sentence remaining. Thus, she is eligible for Probation. However, noting her advanced age, remorse, and the demonstrable rehabilitation she has secured; it would not be a prudent use of limited probationary resources to impose probationary terms. Exemplary inmates should secure the benefit of the years of hard work they have put in with respect to rehabilitation and reform.
9. Consequently, and for the foregoing reasons, this Court:
a. Re-computes the time served by the Applicant to include the period of 1 Year and 3 Months and 28 Days Months pursuant to Section 333(2) of the Criminal Procedure Code;
b. Computes that the Applicant’s remaining term after that re-computation is 2 Years, 2 Months and 18 days; AND
c. The Applicant’s time already served is deemed to be sufficient and not-requiring probationary terms.
10. In the result, the Applicant’s sentence is now fully served, and the Applicant is to be immediately set at liberty unless otherwise lawfully detained, with the best wishes of the Court for a happy and prosperous life without any further conflict with the law.
11. Orders Accordingly. File Closed Accordingly.
DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS 11 TH DAY OF MAY 2026.
…………………………………………………………………
BAHATI MWAMUYE MBS
JUDGE
Delivered in the Presence of:
Applicant – Jane Wanja Mwaura
Prosecutor – Ms. Caroline Muriu
Court Assistant – Mr. Martin Mwenda
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