REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCR REV NO. E091 OF 2025
MAXWELL SIMONI WEKESA………………………………..APPLICANT
VERSUS
THE REPUBLIC…………………………………………….RESPONDENT
RULING
1. The applicant was charged with stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code . He denied the charge, was tried and found guilty and convicted of the theft of 5 metal pieces, 2 roller doors, 1 man hole cover and assorted pieces of scrap metal valued at Ksh.50,000/=.
2. On 14/10/2025, he was sentenced to 2 years imprisonment. Before doing that the trial court sought a Probation Officer’s Report – which was filed on 9/10/2025.
3. The report showed that he was 23 years old. His own father told the PACS Officer that his child was a nuisance and that it had become difficult to assist him reform – that the offender had left college to seek casual jobs but his step mother was ready to take him to school if he reformed.
4. In the report filed on 2/6/2026, it is evident that the 10 months in custody have given the offender time to reflect about his life. The report shows that the family is conscious of his risks and needs – his elder sister has indicated that the offender was affected by the death of their mother. He turned to alcohol and poor peer pressure – and eventually dropped out of college. She is willing to support him to change step. His step-mother is ready to support him, his father too. They have arranged that he will live with his brother so that he can go back to school.
5. The remaining period of his sentence is 6 months – PACS recommends 1 year probation supervision on the basis that he will require counselling on substance use/abuse, reintegration to go back to college, settling within the community. I note that he has a positive report from the prison authorities who say he is reformed.
6. I have carefully considered the records pursuant to Section 362 as read with Section 364 of the Criminal Procedure Code.
7. It is my considered view that this is an appropriate case for review. The applicant was a youthful first offender. The items stolen were recovered. The only reason he ended up in custody was the circumstances at home which have changed. As a result, the applicant will get the requisite supervision, guidance and counselling from PACs to enable him re-steer his path to the right direction.
8. In the circumstances the application is allowed.
9. Considering the risks and needs of the applicant - the sentence is reviewed to a Probation Order: – The applicant will be on probation supervision for 18 months with effect from the date of this order:-There are additional : Conditions :
i. He will abide by the Probation Order.
ii. Attend guidance counselling sessions as and when required.
iii. Reside in the place indicated in the report and should he change the abode – inform the PACs Officer.
iv. Go back to school as indicated by both his elder sister and his parents.
v. The matter will have one mention before the DR – three months post this order to confirm compliance and progress.
vi. In default, the Probation Order will be revoked and he will serve the remainder of his sentence in custody.
Ruling dated signed and delivered this 5 th June 2026
Mumbua T Matheka
Judge
CA Gladys
Applicant Present
Ms. Kosgei for State
Ms. Amunga for PACS
Ruling HC CR REV NoE091of 2025 Page 1 | 1
IN THE HIGH COURT OF KENYA AT KABARNET
HCCR REV NO. E091 OF 2025
MAXWELL SIMONI WEKESA………………………………..APPLICANT
VERSUS
THE REPUBLIC…………………………………………….RESPONDENT
RULING
1. The applicant was charged with stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code . He denied the charge, was tried and found guilty and convicted of the theft of 5 metal pieces, 2 roller doors, 1 man hole cover and assorted pieces of scrap metal valued at Ksh.50,000/=.
2. On 14/10/2025, he was sentenced to 2 years imprisonment. Before doing that the trial court sought a Probation Officer’s Report – which was filed on 9/10/2025.
3. The report showed that he was 23 years old. His own father told the PACS Officer that his child was a nuisance and that it had become difficult to assist him reform – that the offender had left college to seek casual jobs but his step mother was ready to take him to school if he reformed.
4. In the report filed on 2/6/2026, it is evident that the 10 months in custody have given the offender time to reflect about his life. The report shows that the family is conscious of his risks and needs – his elder sister has indicated that the offender was affected by the death of their mother. He turned to alcohol and poor peer pressure – and eventually dropped out of college. She is willing to support him to change step. His step-mother is ready to support him, his father too. They have arranged that he will live with his brother so that he can go back to school.
5. The remaining period of his sentence is 6 months – PACS recommends 1 year probation supervision on the basis that he will require counselling on substance use/abuse, reintegration to go back to college, settling within the community. I note that he has a positive report from the prison authorities who say he is reformed.
6. I have carefully considered the records pursuant to Section 362 as read with Section 364 of the Criminal Procedure Code.
7. It is my considered view that this is an appropriate case for review. The applicant was a youthful first offender. The items stolen were recovered. The only reason he ended up in custody was the circumstances at home which have changed. As a result, the applicant will get the requisite supervision, guidance and counselling from PACs to enable him re-steer his path to the right direction.
8. In the circumstances the application is allowed.
9. Considering the risks and needs of the applicant - the sentence is reviewed to a Probation Order: – The applicant will be on probation supervision for 18 months with effect from the date of this order:-There are additional : Conditions :
i. He will abide by the Probation Order.
ii. Attend guidance counselling sessions as and when required.
iii. Reside in the place indicated in the report and should he change the abode – inform the PACs Officer.
iv. Go back to school as indicated by both his elder sister and his parents.
v. The matter will have one mention before the DR – three months post this order to confirm compliance and progress.
vi. In default, the Probation Order will be revoked and he will serve the remainder of his sentence in custody.
Ruling dated signed and delivered this 5 th June 2026
Mumbua T Matheka
Judge
CA Gladys
Applicant Present
Ms. Kosgei for State
Ms. Amunga for PACS
Ruling HC CR REV NoE091of 2025 Page 1 | 1