1. The Applicant is one of several convicted prisoners 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 challenging for the prison authorities owing to their medical needs and dependence on fellow inmates for daily care. The Court was informed that, in appropriate cases, continued imprisonment may undermine the inmates' constitutional right to dignity under Article 28 of the Constitution , while imposing a significant burden on prison resources without advancing the objectives of rehabilitation.
3. Consequently, the Court directed that the following reports be availed for each identified inmate:
i. A Prison Progression Report together with the recommendations 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 has been diagnosed with a severe lumbar spinal condition. He has undergone epidural steroid injections and remains under follow-up at the Neurosurgical Outpatient Clinic and the Physiotherapy Clinic at the Coast General Teaching and Referral Hospital. The report confirms that his condition requires specialised medical treatment and continued monitoring.
5. The Officer in Charge, Shimo La Tewa Maximum Prison, reports that since his admission into custody, the Applicant has maintained good conduct. However, he subsequently developed a serious spinal injury, necessitating specialised medical care that is difficult to adequately provide within the prison environment.
6. The Probation and Aftercare Service filed a comprehensive Sentence Review Report dated 21st July 2026. The report confirms that the Applicant, aged 47 years, is serving a sentence for the offence of murder contrary to sections 203 and 204 of the Penal Code, having been sentenced on 30th September 2021.
7. The report further establishes that the Applicant is married and has a young family residing in Likoni, Mombasa County. His wife has remained supportive throughout his incarceration and has personally borne the considerable costs of his medical treatment. The Applicant's extended family has equally expressed its willingness to receive him back into the community, facilitate his treatment, and support his rehabilitation.
8. The investigating officer and members of the community interviewed during the preparation of the report did not raise any significant security concerns regarding the Applicant's reintegration. The victim's family is also reported to be of the view that the Applicant has learnt from his actions.
9. The Probation Officer notes that the Applicant is presently unable to participate in prison rehabilitation programmes owing to his deteriorating physical condition. He requires crutches for mobility, suffers recurrent paralysis and body tremors, and remains dependent on fellow inmates for his daily activities. The report concludes that he has demonstrated genuine remorse, maintained exemplary discipline throughout his incarceration, and presents a low risk of reoffending.
10. The medical evidence further indicates that the Applicant requires spinal surgery. His family has undertaken to ensure that the recommended surgery is undertaken promptly should he be released, as the prison authorities face considerable challenges in providing the level of specialised care required.
11. Having considered the medical reports, the Prison Progression Report, and the Probation Officer's recommendations, the Court is satisfied that the Applicant suffers from a serious and progressive medical condition that substantially impairs his mobility and quality of life. His condition has reached a stage where continued incarceration poses considerable humanitarian concerns.
12. The Court has also taken into account the Applicant's positive conduct while in custody, his demonstrated remorse, the support available from his family, and the favourable assessment regarding his reintegration into society.
13. While the offence for which the Applicant was convicted is undoubtedly serious, sentencing remains a judicial process guided not only by punishment but also by rehabilitation, proportionality, human dignity, and the interests of justice. Where exceptional circumstances arise after sentencing, particularly involving severe illness or permanent disability, this Court retains the jurisdiction to intervene where justice so demands.
14. In the circumstances of this case, the Court is persuaded that the objectives of the sentence can continue to be achieved through a supervised non-custodial sentence, while enabling the Applicant to receive the specialised medical treatment necessary to preserve his health and dignity.
15. Accordingly, the custodial sentence imposed upon the Applicant is hereby reviewed. The remainder 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 prescribe.
16. The Applicant shall report to the Mombasa County Probation Office within seven (7) days of his release for induction and supervision.
17. 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 challenging for the prison authorities owing to their medical needs and dependence on fellow inmates for daily care. The Court was informed that, in appropriate cases, continued imprisonment may undermine the inmates' constitutional right to dignity under Article 28 of the Constitution , while imposing a significant burden on prison resources without advancing the objectives of rehabilitation.
3. Consequently, the Court directed that the following reports be availed for each identified inmate:
i. A Prison Progression Report together with the recommendations 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 has been diagnosed with a severe lumbar spinal condition. He has undergone epidural steroid injections and remains under follow-up at the Neurosurgical Outpatient Clinic and the Physiotherapy Clinic at the Coast General Teaching and Referral Hospital. The report confirms that his condition requires specialised medical treatment and continued monitoring.
5. The Officer in Charge, Shimo La Tewa Maximum Prison, reports that since his admission into custody, the Applicant has maintained good conduct. However, he subsequently developed a serious spinal injury, necessitating specialised medical care that is difficult to adequately provide within the prison environment.
6. The Probation and Aftercare Service filed a comprehensive Sentence Review Report dated 21st July 2026. The report confirms that the Applicant, aged 47 years, is serving a sentence for the offence of murder contrary to sections 203 and 204 of the Penal Code, having been sentenced on 30th September 2021.
7. The report further establishes that the Applicant is married and has a young family residing in Likoni, Mombasa County. His wife has remained supportive throughout his incarceration and has personally borne the considerable costs of his medical treatment. The Applicant's extended family has equally expressed its willingness to receive him back into the community, facilitate his treatment, and support his rehabilitation.
8. The investigating officer and members of the community interviewed during the preparation of the report did not raise any significant security concerns regarding the Applicant's reintegration. The victim's family is also reported to be of the view that the Applicant has learnt from his actions.
9. The Probation Officer notes that the Applicant is presently unable to participate in prison rehabilitation programmes owing to his deteriorating physical condition. He requires crutches for mobility, suffers recurrent paralysis and body tremors, and remains dependent on fellow inmates for his daily activities. The report concludes that he has demonstrated genuine remorse, maintained exemplary discipline throughout his incarceration, and presents a low risk of reoffending.
10. The medical evidence further indicates that the Applicant requires spinal surgery. His family has undertaken to ensure that the recommended surgery is undertaken promptly should he be released, as the prison authorities face considerable challenges in providing the level of specialised care required.
11. Having considered the medical reports, the Prison Progression Report, and the Probation Officer's recommendations, the Court is satisfied that the Applicant suffers from a serious and progressive medical condition that substantially impairs his mobility and quality of life. His condition has reached a stage where continued incarceration poses considerable humanitarian concerns.
12. The Court has also taken into account the Applicant's positive conduct while in custody, his demonstrated remorse, the support available from his family, and the favourable assessment regarding his reintegration into society.
13. While the offence for which the Applicant was convicted is undoubtedly serious, sentencing remains a judicial process guided not only by punishment but also by rehabilitation, proportionality, human dignity, and the interests of justice. Where exceptional circumstances arise after sentencing, particularly involving severe illness or permanent disability, this Court retains the jurisdiction to intervene where justice so demands.
14. In the circumstances of this case, the Court is persuaded that the objectives of the sentence can continue to be achieved through a supervised non-custodial sentence, while enabling the Applicant to receive the specialised medical treatment necessary to preserve his health and dignity.
15. Accordingly, the custodial sentence imposed upon the Applicant is hereby reviewed. The remainder 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 prescribe.
16. The Applicant shall report to the Mombasa County Probation Office within seven (7) days of his release for induction and supervision.
17. 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