RULING
1. Vide an Application dated 21st July 2025, the Applicant seeks a review of sentence pursuant to Articles 50(2)(q) and 165(3)(4) of the Constitution of Kenya, 2010. He urges this Court to consider the period already spent in custody and to release him on probation for the remainder of the sentence.
Background
2. The Applicant was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 30th April 2012, at Kakimanyi Village within Bungoma County, jointly with others not before court, he murdered one Albert Sifuna Mang’eni.
3. The Applicant pleaded not guilty to the charge. Upon conclusion of the trial, the trial court convicted the Applicant and sentenced him to death. The sentence was subsequently commuted to fifteen (15) years’ imprisonment on 16th November 2017.
4. A sentence review report from the Probation Service Office indicates that the Applicant has undertaken several rehabilitation and reform programmes while in custody and obtained various certificates. The same were confirmed by Geoffrey Mutuba Baraza, SSGT/SWO, Bungoma Main Prison, vide a letter referenced BGM/SWO/P/5/VOL.VII/142, annexed to the Applicant’s Supporting Affidavit sworn on 21st July 2025. Mr. Baraza commended the Applicant for his good conduct towards fellow inmates and prison staff.
5. The Probation Report further indicates that the family of the deceased did not express any objection to the Applicant’s consideration for sentence review.
6. The Probation Officer recommended that the Applicant be released to serve the remainder of his sentence on probation.
7. Further, the Officer in Charge, Kibos Maximum Security Prison, Mr. Stephen K. Rono (SP), vide a letter dated 8th October 2019, recommended the Applicant for consideration on account of his good behaviour and exemplary character while serving his sentence at the institution. He also confirmed the certifications acquired by the Applicant during incarceration.
8. Learned State Counsel, Mr. Minishi, informed the Court that the State does not oppose the Applicant’s release from custody to serve the remainder of his sentence under probation supervision.
Issue for Determination
9. The only issue for determination before this Court is;
Whether the applicant is eligible for the review of his sentence, having considered that the time spent in custody
Analysis & Determination
10. I have considered the Applicant’s Application, the recommendations by the Probation Officer and the Officer in Charge of Kibos Maximum Security Prison, the SSGT/SWO Bungoma Main Prison as well as the duration already served in custody, and the position taken by the prosecution.
11. The Court has carefully considered the circumstances of the offence, the mitigation tendered by the convict, the pre-sentence report, and the applicable sentencing principles. The Court notes that the convict is a first offender, has expressed remorse for the offence committed, and has demonstrated willingness to reform and reintegrate into society. The Court is further guided by the Judiciary Sentencing Policy Guidelines, 2016, which emphasize rehabilitation and restorative justice as key objectives of sentencing.
12. The Court has also taken into account the provisions of Articles 28 and 50 of the Constitution of Kenya, which safeguard the dignity of every person and require the imposition of fair and proportionate punishment. The probation report filed before Court is favourable and indicates that the convict has a supportive family environment and poses minimal risk to the community if released under supervision.
13. In the circumstances, the Court is satisfied that a non-custodial sentence is appropriate and sufficient to meet the ends of justice. Accordingly, the convict is hereby released on probation for remaining period of his sentence under the supervision of the Probation Office and shall comply with all conditions imposed during that period.
14. I have also considered the provisions of Section 46 of the Prisons Act.
15. In view of the foregoing, I am inclined to allow the Application and make the following orders:
Final Orders
a. The Applicant shall serve the remainder of his sentence under probation supervision.
b. The Applicant shall report to the OCS Webuye Police Station within three (3) days of his release.
c. Thereafter, the Applicant shall report to the OCS Webuye Police Station on the first Monday of every month until completion of his probation period and sentence.
d. The Applicant should not commit any offence during the probation period and in the event the Applicant commits an offence before the lapse of the probation period, the Applicant will finish any remaining period in custody.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT NAIROBI THIS 28 TH DAY OF MAY 2026
CHELANG’AT MUTAI
JUDGE
1. Vide an Application dated 21st July 2025, the Applicant seeks a review of sentence pursuant to Articles 50(2)(q) and 165(3)(4) of the Constitution of Kenya, 2010. He urges this Court to consider the period already spent in custody and to release him on probation for the remainder of the sentence.
Background
2. The Applicant was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence were that on 30th April 2012, at Kakimanyi Village within Bungoma County, jointly with others not before court, he murdered one Albert Sifuna Mang’eni.
3. The Applicant pleaded not guilty to the charge. Upon conclusion of the trial, the trial court convicted the Applicant and sentenced him to death. The sentence was subsequently commuted to fifteen (15) years’ imprisonment on 16th November 2017.
4. A sentence review report from the Probation Service Office indicates that the Applicant has undertaken several rehabilitation and reform programmes while in custody and obtained various certificates. The same were confirmed by Geoffrey Mutuba Baraza, SSGT/SWO, Bungoma Main Prison, vide a letter referenced BGM/SWO/P/5/VOL.VII/142, annexed to the Applicant’s Supporting Affidavit sworn on 21st July 2025. Mr. Baraza commended the Applicant for his good conduct towards fellow inmates and prison staff.
5. The Probation Report further indicates that the family of the deceased did not express any objection to the Applicant’s consideration for sentence review.
6. The Probation Officer recommended that the Applicant be released to serve the remainder of his sentence on probation.
7. Further, the Officer in Charge, Kibos Maximum Security Prison, Mr. Stephen K. Rono (SP), vide a letter dated 8th October 2019, recommended the Applicant for consideration on account of his good behaviour and exemplary character while serving his sentence at the institution. He also confirmed the certifications acquired by the Applicant during incarceration.
8. Learned State Counsel, Mr. Minishi, informed the Court that the State does not oppose the Applicant’s release from custody to serve the remainder of his sentence under probation supervision.
Issue for Determination
9. The only issue for determination before this Court is;
Whether the applicant is eligible for the review of his sentence, having considered that the time spent in custody
Analysis & Determination
10. I have considered the Applicant’s Application, the recommendations by the Probation Officer and the Officer in Charge of Kibos Maximum Security Prison, the SSGT/SWO Bungoma Main Prison as well as the duration already served in custody, and the position taken by the prosecution.
11. The Court has carefully considered the circumstances of the offence, the mitigation tendered by the convict, the pre-sentence report, and the applicable sentencing principles. The Court notes that the convict is a first offender, has expressed remorse for the offence committed, and has demonstrated willingness to reform and reintegrate into society. The Court is further guided by the Judiciary Sentencing Policy Guidelines, 2016, which emphasize rehabilitation and restorative justice as key objectives of sentencing.
12. The Court has also taken into account the provisions of Articles 28 and 50 of the Constitution of Kenya, which safeguard the dignity of every person and require the imposition of fair and proportionate punishment. The probation report filed before Court is favourable and indicates that the convict has a supportive family environment and poses minimal risk to the community if released under supervision.
13. In the circumstances, the Court is satisfied that a non-custodial sentence is appropriate and sufficient to meet the ends of justice. Accordingly, the convict is hereby released on probation for remaining period of his sentence under the supervision of the Probation Office and shall comply with all conditions imposed during that period.
14. I have also considered the provisions of Section 46 of the Prisons Act.
15. In view of the foregoing, I am inclined to allow the Application and make the following orders:
Final Orders
a. The Applicant shall serve the remainder of his sentence under probation supervision.
b. The Applicant shall report to the OCS Webuye Police Station within three (3) days of his release.
c. Thereafter, the Applicant shall report to the OCS Webuye Police Station on the first Monday of every month until completion of his probation period and sentence.
d. The Applicant should not commit any offence during the probation period and in the event the Applicant commits an offence before the lapse of the probation period, the Applicant will finish any remaining period in custody.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT NAIROBI THIS 28 TH DAY OF MAY 2026
CHELANG’AT MUTAI
JUDGE