1. The Applicant is one of several convicted persons who were identified during the Court's prison visit as belonging to a special category of inmates requiring consideration for sentence review.
2. This category comprised inmates of advanced age and those suffering from serious medical conditions. Their continued incarceration had become increasingly burdensome to the prison authorities, as well as to fellow inmates who were required to assist them with their daily care. The Court observed that, in appropriate cases, continued imprisonment under such circumstances may infringe the constitutional right to human dignity guaranteed under Article 28 of the Constitution . Further, prolonged incarceration imposed a significant burden on prison resources while contributing little to the objectives of rehabilitation.
3. Consequently, the Court directed that the following reports be availed in respect of each identified inmate:
i. A Prison Progression Report together with the recommendation of the Officer in Charge;
ii. A Sentence Review Report prepared by the Probation and Aftercare Service; and
iii. A comprehensive Medical Report.
4. In the present case, the Medical Report indicates that the Applicant suffers from a permanent deformity of the left arm and age-related urinary incontinence. The report further confirms that his advanced age has significantly impaired his mobility and ability to undertake ordinary daily activities independently.
5. According to the Officer in Charge, the Applicant, who is 92 years old , has maintained exemplary conduct throughout his incarceration. He remains physically frail, suffers from a deformity of his left arm, and experiences urinary incontinence associated with advanced age. His medical condition requires regular assistance and specialised care within the prison environment.
6. The Probation and Aftercare Service filed a Sentence Review Report dated 20th July 2026 , the salient findings of which are summarised below.
Background
7. The Applicant, Kea Katana Mdudu , is a 92-year-old inmate currently serving a custodial sentence at Shimo la Tewa Maximum Prison following his conviction for the offence of defilement . He was sentenced by the Chief Magistrate's Court at Kilifi on 25th May 2025 to serve thirty (30) years' imprisonment . His expected date of release is 25th July 2044 .
8. The report is based on a physical interview with the Applicant at Shimo la Tewa Maximum Prison, interviews with his son, Evans Katana, and information obtained from the prison authorities.
Home and Personal Circumstances
9. The Applicant enjoys strong family support. His son, nephew and other extended family members have maintained regular contact during his incarceration and have expressed their willingness to receive him back into the community should he be released.
10. The Applicant is of very advanced age and suffers from significant physical infirmities. He experiences considerable difficulty walking and depends on the assistance of fellow inmates to carry out routine daily activities. His deteriorating health has substantially reduced his independence and quality of life.
11. The Probation Officer reports that the Applicant continues to enjoy positive relationships with his immediate and extended family. No adverse reports have been received from members of the community that would hinder his reintegration or suggest that he poses a risk to public safety.
Prison Assessment, Rehabilitation and Reintegration
12. The Applicant has demonstrated genuine remorse for his conduct and has reflected upon the consequences of his actions. Throughout his incarceration, he has maintained good behaviour and has no record of prison misconduct.
13. The prison authorities describe him as cooperative, disciplined and compliant with prison regulations. His conduct indicates a willingness to lead a law-abiding life upon release.
14. The Applicant's son has confirmed that suitable accommodation is available and has undertaken to provide for his father's medical, social and personal needs. The family has also committed itself to ensuring that he receives appropriate medical care and support upon release.
Attitude Towards Non-Custodial Sentence
15. The Applicant has expressed his willingness to comply fully with any non-custodial sentence that the Court may impose. He respectfully appeals for leniency and undertakes to abide by all conditions that may be attached to a probation order.
Recommendation
16. The Probation Officer recommends that the Applicant is suitable for a supervised non-custodial sentence. In view of his advanced age, deteriorating health, exemplary conduct while in custody, strong family support and the absence of adverse community reports, the Officer recommends that the remaining portion of his sentence be served under a Probation Order .
17. I have carefully considered the Medical Report, the Prison Progression Report and the Sentence Review Report. The material before the Court demonstrates that the Applicant is 92 years old , physically frail and increasingly dependent on others for his daily care. His advanced age, coupled with his medical condition, presents exceptional humanitarian considerations.
18. I have also considered the Applicant's positive conduct during incarceration, his genuine remorse, the absence of disciplinary infractions and the strong family support available to facilitate his care and reintegration into society.
19. While the offence for which the Applicant was convicted is undoubtedly serious, sentencing is not solely punitive. It also serves the objectives of rehabilitation, proportionality, restorative justice and the preservation of human dignity. In exceptional cases where post-sentencing circumstances fundamentally alter the prisoner's condition, the Court is entitled to review the manner in which the remainder of the sentence is served, provided that the interests of justice are maintained.
20. In the present case, I am satisfied that the Applicant's advanced age, frailty and medical condition constitute exceptional circumstances warranting intervention. Continued incarceration would serve little rehabilitative purpose and would impose significant hardship upon both the Applicant and the prison authorities.
21. Accordingly, the custodial sentence imposed upon the Applicant is hereby reviewed . The unexpired portion of the sentence shall be served under the supervision of the Probation and Aftercare Service for a period of three (3) years , subject to such conditions as the Probation Officer may impose.
22. The Applicant shall report to the appropriate Probation Office within seven (7) days of his release for induction and supervision throughout the probation period.
23. Orders accordingly.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 30TH DAY OF JULY 2026.
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the Presence of:
APPLICANT IN PERSON
MR SIRIMA FOR THE STATE
BEBORA COUT ASSISTANT
HON. LADY JUSTICE W. K. MICHENI
JUDGE
2. This category comprised inmates of advanced age and those suffering from serious medical conditions. Their continued incarceration had become increasingly burdensome to the prison authorities, as well as to fellow inmates who were required to assist them with their daily care. The Court observed that, in appropriate cases, continued imprisonment under such circumstances may infringe the constitutional right to human dignity guaranteed under Article 28 of the Constitution . Further, prolonged incarceration imposed a significant burden on prison resources while contributing little to the objectives of rehabilitation.
3. Consequently, the Court directed that the following reports be availed in respect of each identified inmate:
i. A Prison Progression Report together with the recommendation of the Officer in Charge;
ii. A Sentence Review Report prepared by the Probation and Aftercare Service; and
iii. A comprehensive Medical Report.
4. In the present case, the Medical Report indicates that the Applicant suffers from a permanent deformity of the left arm and age-related urinary incontinence. The report further confirms that his advanced age has significantly impaired his mobility and ability to undertake ordinary daily activities independently.
5. According to the Officer in Charge, the Applicant, who is 92 years old , has maintained exemplary conduct throughout his incarceration. He remains physically frail, suffers from a deformity of his left arm, and experiences urinary incontinence associated with advanced age. His medical condition requires regular assistance and specialised care within the prison environment.
6. The Probation and Aftercare Service filed a Sentence Review Report dated 20th July 2026 , the salient findings of which are summarised below.
Background
7. The Applicant, Kea Katana Mdudu , is a 92-year-old inmate currently serving a custodial sentence at Shimo la Tewa Maximum Prison following his conviction for the offence of defilement . He was sentenced by the Chief Magistrate's Court at Kilifi on 25th May 2025 to serve thirty (30) years' imprisonment . His expected date of release is 25th July 2044 .
8. The report is based on a physical interview with the Applicant at Shimo la Tewa Maximum Prison, interviews with his son, Evans Katana, and information obtained from the prison authorities.
Home and Personal Circumstances
9. The Applicant enjoys strong family support. His son, nephew and other extended family members have maintained regular contact during his incarceration and have expressed their willingness to receive him back into the community should he be released.
10. The Applicant is of very advanced age and suffers from significant physical infirmities. He experiences considerable difficulty walking and depends on the assistance of fellow inmates to carry out routine daily activities. His deteriorating health has substantially reduced his independence and quality of life.
11. The Probation Officer reports that the Applicant continues to enjoy positive relationships with his immediate and extended family. No adverse reports have been received from members of the community that would hinder his reintegration or suggest that he poses a risk to public safety.
Prison Assessment, Rehabilitation and Reintegration
12. The Applicant has demonstrated genuine remorse for his conduct and has reflected upon the consequences of his actions. Throughout his incarceration, he has maintained good behaviour and has no record of prison misconduct.
13. The prison authorities describe him as cooperative, disciplined and compliant with prison regulations. His conduct indicates a willingness to lead a law-abiding life upon release.
14. The Applicant's son has confirmed that suitable accommodation is available and has undertaken to provide for his father's medical, social and personal needs. The family has also committed itself to ensuring that he receives appropriate medical care and support upon release.
Attitude Towards Non-Custodial Sentence
15. The Applicant has expressed his willingness to comply fully with any non-custodial sentence that the Court may impose. He respectfully appeals for leniency and undertakes to abide by all conditions that may be attached to a probation order.
Recommendation
16. The Probation Officer recommends that the Applicant is suitable for a supervised non-custodial sentence. In view of his advanced age, deteriorating health, exemplary conduct while in custody, strong family support and the absence of adverse community reports, the Officer recommends that the remaining portion of his sentence be served under a Probation Order .
17. I have carefully considered the Medical Report, the Prison Progression Report and the Sentence Review Report. The material before the Court demonstrates that the Applicant is 92 years old , physically frail and increasingly dependent on others for his daily care. His advanced age, coupled with his medical condition, presents exceptional humanitarian considerations.
18. I have also considered the Applicant's positive conduct during incarceration, his genuine remorse, the absence of disciplinary infractions and the strong family support available to facilitate his care and reintegration into society.
19. While the offence for which the Applicant was convicted is undoubtedly serious, sentencing is not solely punitive. It also serves the objectives of rehabilitation, proportionality, restorative justice and the preservation of human dignity. In exceptional cases where post-sentencing circumstances fundamentally alter the prisoner's condition, the Court is entitled to review the manner in which the remainder of the sentence is served, provided that the interests of justice are maintained.
20. In the present case, I am satisfied that the Applicant's advanced age, frailty and medical condition constitute exceptional circumstances warranting intervention. Continued incarceration would serve little rehabilitative purpose and would impose significant hardship upon both the Applicant and the prison authorities.
21. Accordingly, the custodial sentence imposed upon the Applicant is hereby reviewed . The unexpired portion of the sentence shall be served under the supervision of the Probation and Aftercare Service for a period of three (3) years , subject to such conditions as the Probation Officer may impose.
22. The Applicant shall report to the appropriate Probation Office within seven (7) days of his release for induction and supervision throughout the probation period.
23. Orders accordingly.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 30TH DAY OF JULY 2026.
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the Presence of:
APPLICANT IN PERSON
MR SIRIMA FOR THE STATE
BEBORA COUT ASSISTANT
HON. LADY JUSTICE W. K. MICHENI
JUDGE