1. The Applicant has filed an undated application seeking for release from prison on health grounds or reduction of his sentence.
2. The application is based on the grounds that the applicant was sentenced to serve 40 years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act 2006. That his appeal to the High Court and Court of Appeal were unsuccessful.
3. The application is supported by the affidavit of the Applicant in which he states that he is now aged 50 years. That he is asthmatic since birth and has now developed hypertension and ulcers as per documents annexed to the application.
4. It is the contention of the Applicant that this court has the jurisdiction to review his sentence and impose a conditional release from prison or reduce the sentence so as to allow him attend treatment outside prison. That he is now aged 50 years and if he will have to serve the full sentence he will come out of prison when he is 90 years old, which is beyond lifespan expectation.
5. The application is made pursuant to Article 165 of the Constitution of Kenya 2010 that gives the High Court power to supervise subordinate courts. It is also made pursuant to Section 4(2) of the Probation of Offenders Act which provides that:
Where any person is convicted of an offence by the High Court and the court is of the opinion that, having regard to the age, character, antecedents, home surroundings health or mental condition of the offender, or to the nature of the offence, or to any extenuating circumstances in which the offence was committed, it is expedient to release the offender on probation, the court may, in lieu of sentencing him to any punishment, make a probation order, and may require the offender to enter into a recognizance, with or without sureties, in such sum as the court may deem fit.
6. I have considered the application. The applicant says that he is aged 50 years and that if he is to serve the whole of the sentence passed on him, he will be 90 years when he leaves prison. However, convicted prisoners are by virtue of Section 92 of the Prisons Act entitled to remission of 1/3 of their sentence where they are of good conduct. If the appellant is granted remission, he will be around 75 years old when he completes the sentence. He has not stated in his application how many years he has served so far.
7. The applicant was sentenced under Section 8(2) of the Sexual Offences Act that provides for life imprisonment for defiling a child under the age of 11 years. Though he says that he has some health issues, there was no letter from a doctor indicating that his condition cannot be managed while in prison custody. He cannot thereby be released from prison on that ground.
8. In view of the foregoing, I do not find merit in the application and the same is dismissed.
In the presence of:
Mr. Oluoch for Respondent
Applicant- present virtually at Manyani Max. Prison
Court Assistant - Rahma
Cr. Rev. No. E048 of 2025 Ruling 2 | Page
2. The application is based on the grounds that the applicant was sentenced to serve 40 years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act 2006. That his appeal to the High Court and Court of Appeal were unsuccessful.
3. The application is supported by the affidavit of the Applicant in which he states that he is now aged 50 years. That he is asthmatic since birth and has now developed hypertension and ulcers as per documents annexed to the application.
4. It is the contention of the Applicant that this court has the jurisdiction to review his sentence and impose a conditional release from prison or reduce the sentence so as to allow him attend treatment outside prison. That he is now aged 50 years and if he will have to serve the full sentence he will come out of prison when he is 90 years old, which is beyond lifespan expectation.
5. The application is made pursuant to Article 165 of the Constitution of Kenya 2010 that gives the High Court power to supervise subordinate courts. It is also made pursuant to Section 4(2) of the Probation of Offenders Act which provides that:
Where any person is convicted of an offence by the High Court and the court is of the opinion that, having regard to the age, character, antecedents, home surroundings health or mental condition of the offender, or to the nature of the offence, or to any extenuating circumstances in which the offence was committed, it is expedient to release the offender on probation, the court may, in lieu of sentencing him to any punishment, make a probation order, and may require the offender to enter into a recognizance, with or without sureties, in such sum as the court may deem fit.
6. I have considered the application. The applicant says that he is aged 50 years and that if he is to serve the whole of the sentence passed on him, he will be 90 years when he leaves prison. However, convicted prisoners are by virtue of Section 92 of the Prisons Act entitled to remission of 1/3 of their sentence where they are of good conduct. If the appellant is granted remission, he will be around 75 years old when he completes the sentence. He has not stated in his application how many years he has served so far.
7. The applicant was sentenced under Section 8(2) of the Sexual Offences Act that provides for life imprisonment for defiling a child under the age of 11 years. Though he says that he has some health issues, there was no letter from a doctor indicating that his condition cannot be managed while in prison custody. He cannot thereby be released from prison on that ground.
8. In view of the foregoing, I do not find merit in the application and the same is dismissed.
In the presence of:
Mr. Oluoch for Respondent
Applicant- present virtually at Manyani Max. Prison
Court Assistant - Rahma
Cr. Rev. No. E048 of 2025 Ruling 2 | Page