(MCCR/E344/2026 at the Chief Magistrate's Court, Mombasa, was identified for the prison decongestion exercise.)
1. This matter was placed before the Court pursuant to the Chief Justice's directive on the continuous prison decongestion exercise under the High Court's supervisory jurisdiction.
2. A recommendation letter from the prison dated 8th June 2026 indicates that the Applicant was identified as eligible for consideration under the decongestion programme.
3. The record shows that the Applicant was convicted by the trial court of the offence of stealing motor vehicle parts contrary to section 279(c) of the Penal Code and was sentenced to one (1) year imprisonment.
4. The Court has considered the Pre-Sentence Report dated 3rd March 2026, which recommends that a custodial sentence remains appropriate in the interests of justice, the protection of the public, the need for specific deterrence, and the Applicant's rehabilitation.
5. Having considered the record, the sentence imposed, and the contents of the Pre-Sentence Report, the Court is not persuaded that this is a suitable case for intervention under the prison decongestion programme. The recommendation of the probation officer remains sound, and there is no sufficient basis for disturbing the sentence imposed by the trial court.
6. Consequently, the application is declined.
7. It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026.
WENDY K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA
1. This matter was placed before the Court pursuant to the Chief Justice's directive on the continuous prison decongestion exercise under the High Court's supervisory jurisdiction.
2. A recommendation letter from the prison dated 8th June 2026 indicates that the Applicant was identified as eligible for consideration under the decongestion programme.
3. The record shows that the Applicant was convicted by the trial court of the offence of stealing motor vehicle parts contrary to section 279(c) of the Penal Code and was sentenced to one (1) year imprisonment.
4. The Court has considered the Pre-Sentence Report dated 3rd March 2026, which recommends that a custodial sentence remains appropriate in the interests of justice, the protection of the public, the need for specific deterrence, and the Applicant's rehabilitation.
5. Having considered the record, the sentence imposed, and the contents of the Pre-Sentence Report, the Court is not persuaded that this is a suitable case for intervention under the prison decongestion programme. The recommendation of the probation officer remains sound, and there is no sufficient basis for disturbing the sentence imposed by the trial court.
6. Consequently, the application is declined.
7. It is so ordered.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026.
WENDY K. MICHENI
JUDGE
HIGH COURT OF KENYA AT MOMBASA