1. The Applicant, Thomas Ekhuya , is one of the inmates identified during the Court's prison visit as falling within the category of special-needs prisoners requiring judicial intervention. This category comprised inmates of extremely advanced age and those suffering from severe and debilitating medical conditions whose continued incarceration raised humanitarian and constitutional concerns.
2. The Court observed that many such inmates had become completely dependent on fellow prisoners and prison officers for their daily care, including feeding, bathing, mobility and other basic necessities. Their continued confinement not only placed a significant burden on the correctional system but also raised concerns regarding the preservation of their inherent dignity as guaranteed under Article 28 of the Constitution of Kenya, 2010 . In appropriate cases, continued incarceration ceased to meaningfully advance the objectives of punishment and rehabilitation.
3. Consequently, the Court directed that before considering any sentence review, there be placed before it:i. Prison progression reports together with the recommendations of the Officer in Charge;ii. Sentence review reports prepared by the Probation and Aftercare Service; andiii. Current medical reports on the inmate's health status.
4. The reports filed in respect of the Applicant have now been considered.
5. The Medical Findings Report confirms that the Applicant is a known hypertensive patient who has suffered left-sided body weakness and is unable to walk without support. He remains under continuous medical follow-up at the prison outpatient clinic and requires ongoing medical care due to his deteriorating physical condition.
6. The Officer in Charge, Shimo la Tewa Maximum Prison, reports that the Applicant is approximately 75 years old , has maintained good conduct throughout his incarceration and has not committed any prison offence. The report further confirms that he suffers from hypertension, general body weakness associated with advanced age and is physically frail.
7. The Sentence Review Report prepared by the Probation and Aftercare Service paints an even graver picture of the Applicant's present condition. He has served approximately twelve (12) years and two (2) months of his sentence following his conviction for the offence of robbery with violence. His expected date of release is 30th January 2029 .
8. The Probation Officer reports that the Applicant has become extremely frail and is completely dependent on fellow inmates for his daily survival. He has lost his memory, experiences significant cognitive impairment, is unable to express himself coherently and cannot recall important personal information, including the whereabouts of his family members. He is bedridden, cannot walk without assistance and requires help in bathing, using the toilet and performing virtually all activities of daily living.
9. The report further notes that during his healthier years in prison the Applicant participated in rehabilitation programmes and served as a cook and cleaner. However, advancing age and ill health have rendered him incapable of any productive prison activity. There is no record of prison misconduct. The Applicant expressed remorse for his offence and indicated his willingness to comply with any non-custodial measures should the Court deem it appropriate.
10. Although the Probation Officer was unable to establish the willingness of the Applicant's immediate family to receive him owing to his loss of memory and inability to provide contact details, the report nevertheless concludes that, considering his current health status and total dependency on other inmates, he is suitable for unconditional release .
11. This Court has carefully weighed the gravity of the offence for which the Applicant was convicted against his present circumstances. Sentencing serves several objectives, including punishment, deterrence, rehabilitation, denunciation and community protection. However, those objectives must be viewed against the constitutional values of human dignity, proportionality and humanity.
12. The material before Court demonstrates that the Applicant is no longer the person who entered prison over twelve years ago. Age, illness and physical incapacity have substantially diminished him. He is now dependent on others for his most basic needs and is incapable of living independently without assistance. Continued imprisonment in these exceptional circumstances would serve little rehabilitative or deterrent purpose.
13. The Court is satisfied that the Applicant has maintained good prison discipline, has undergone rehabilitation to the extent his condition has permitted, has demonstrated remorse and now presents as a frail, elderly and severely incapacitated individual whose continued incarceration is no longer justified.
14. In exercising its revisionary jurisdiction and bearing in mind the constitutional obligation to uphold human dignity and administer justice in a manner that is humane and proportionate, this Court is persuaded that this is an appropriate case for intervention.
15. Accordingly, the application succeeds.
16. The remainder of the Applicant's custodial sentence is hereby REVIEWED , and the Applicant Thomas Ekhuya shall be BE P LACED ON PROBATION FOR PURPOSES OF RESETLEMENT . HE IS PLACED ON PROBATION FOR A PERIOD 3 YEARS AND HE IS HEREBY r eleased forthwith , unless otherwise lawfully held.
17. Upon release, the Officer in Charge shall, Shimo LA Tewa Gk Maximum prison in conjunction with the Probation and Aftercare Service and the relevant County Government agencies where practicable, facilitate the Applicant's resettlement and access to appropriate medical attention and assist, as far as possible, in tracing any available family members or other suitable caregivers to receive him.
D ATED, 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. The Court observed that many such inmates had become completely dependent on fellow prisoners and prison officers for their daily care, including feeding, bathing, mobility and other basic necessities. Their continued confinement not only placed a significant burden on the correctional system but also raised concerns regarding the preservation of their inherent dignity as guaranteed under Article 28 of the Constitution of Kenya, 2010 . In appropriate cases, continued incarceration ceased to meaningfully advance the objectives of punishment and rehabilitation.
3. Consequently, the Court directed that before considering any sentence review, there be placed before it:i. Prison progression reports together with the recommendations of the Officer in Charge;ii. Sentence review reports prepared by the Probation and Aftercare Service; andiii. Current medical reports on the inmate's health status.
4. The reports filed in respect of the Applicant have now been considered.
5. The Medical Findings Report confirms that the Applicant is a known hypertensive patient who has suffered left-sided body weakness and is unable to walk without support. He remains under continuous medical follow-up at the prison outpatient clinic and requires ongoing medical care due to his deteriorating physical condition.
6. The Officer in Charge, Shimo la Tewa Maximum Prison, reports that the Applicant is approximately 75 years old , has maintained good conduct throughout his incarceration and has not committed any prison offence. The report further confirms that he suffers from hypertension, general body weakness associated with advanced age and is physically frail.
7. The Sentence Review Report prepared by the Probation and Aftercare Service paints an even graver picture of the Applicant's present condition. He has served approximately twelve (12) years and two (2) months of his sentence following his conviction for the offence of robbery with violence. His expected date of release is 30th January 2029 .
8. The Probation Officer reports that the Applicant has become extremely frail and is completely dependent on fellow inmates for his daily survival. He has lost his memory, experiences significant cognitive impairment, is unable to express himself coherently and cannot recall important personal information, including the whereabouts of his family members. He is bedridden, cannot walk without assistance and requires help in bathing, using the toilet and performing virtually all activities of daily living.
9. The report further notes that during his healthier years in prison the Applicant participated in rehabilitation programmes and served as a cook and cleaner. However, advancing age and ill health have rendered him incapable of any productive prison activity. There is no record of prison misconduct. The Applicant expressed remorse for his offence and indicated his willingness to comply with any non-custodial measures should the Court deem it appropriate.
10. Although the Probation Officer was unable to establish the willingness of the Applicant's immediate family to receive him owing to his loss of memory and inability to provide contact details, the report nevertheless concludes that, considering his current health status and total dependency on other inmates, he is suitable for unconditional release .
11. This Court has carefully weighed the gravity of the offence for which the Applicant was convicted against his present circumstances. Sentencing serves several objectives, including punishment, deterrence, rehabilitation, denunciation and community protection. However, those objectives must be viewed against the constitutional values of human dignity, proportionality and humanity.
12. The material before Court demonstrates that the Applicant is no longer the person who entered prison over twelve years ago. Age, illness and physical incapacity have substantially diminished him. He is now dependent on others for his most basic needs and is incapable of living independently without assistance. Continued imprisonment in these exceptional circumstances would serve little rehabilitative or deterrent purpose.
13. The Court is satisfied that the Applicant has maintained good prison discipline, has undergone rehabilitation to the extent his condition has permitted, has demonstrated remorse and now presents as a frail, elderly and severely incapacitated individual whose continued incarceration is no longer justified.
14. In exercising its revisionary jurisdiction and bearing in mind the constitutional obligation to uphold human dignity and administer justice in a manner that is humane and proportionate, this Court is persuaded that this is an appropriate case for intervention.
15. Accordingly, the application succeeds.
16. The remainder of the Applicant's custodial sentence is hereby REVIEWED , and the Applicant Thomas Ekhuya shall be BE P LACED ON PROBATION FOR PURPOSES OF RESETLEMENT . HE IS PLACED ON PROBATION FOR A PERIOD 3 YEARS AND HE IS HEREBY r eleased forthwith , unless otherwise lawfully held.
17. Upon release, the Officer in Charge shall, Shimo LA Tewa Gk Maximum prison in conjunction with the Probation and Aftercare Service and the relevant County Government agencies where practicable, facilitate the Applicant's resettlement and access to appropriate medical attention and assist, as far as possible, in tracing any available family members or other suitable caregivers to receive him.
D ATED, 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