1. This matter came before the Court pursuant to the Honourable Chief Justice's directive on the continuous prison decongestion exercise under the High Court's supervisory jurisdiction.
2. By a recommendation letter dated 8th June 2026, the Officer in Charge of the prison recommended the Applicant for consideration under the prison decongestion programme.
3. The Applicant was convicted by the trial court of the offence of offensive conduct contrary to section 94(1) of the Penal Code and sentenced accordingly.
4. The Court has considered the recommendation by the prison authorities, the nature of the offence, and the objectives of the prison decongestion programme. The offence for which the Applicant was convicted is a misdemeanour and is not one involving violence, serious injury, or a threat to public safety. The Court is also mindful that the purpose of the decongestion exercise is to reduce prison overcrowding while ensuring that public safety and the interests of justice are safeguarded.
5. Taking into account the circumstances of this case, the Court is satisfied that the Applicant is a suitable candidate for release. The Court nevertheless emphasizes that such release should not be construed as condoning unlawful conduct. The Applicant is expected to conduct himself in a law-abiding manner and refrain from committing any further offences.
6. Accordingly, the unserved portion of the Applicant's custodial sentence is hereby remitted, and the Applicant shall be released forthwith unless otherwise lawfully held.
7. The Applicant is cautioned that this order is extended as an act of judicial leniency in furtherance of the prison decongestion programme. He shall maintain good conduct and obey the law. Any future offending may be taken into account by a court dealing with any subsequent criminal proceedings.
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
2. By a recommendation letter dated 8th June 2026, the Officer in Charge of the prison recommended the Applicant for consideration under the prison decongestion programme.
3. The Applicant was convicted by the trial court of the offence of offensive conduct contrary to section 94(1) of the Penal Code and sentenced accordingly.
4. The Court has considered the recommendation by the prison authorities, the nature of the offence, and the objectives of the prison decongestion programme. The offence for which the Applicant was convicted is a misdemeanour and is not one involving violence, serious injury, or a threat to public safety. The Court is also mindful that the purpose of the decongestion exercise is to reduce prison overcrowding while ensuring that public safety and the interests of justice are safeguarded.
5. Taking into account the circumstances of this case, the Court is satisfied that the Applicant is a suitable candidate for release. The Court nevertheless emphasizes that such release should not be construed as condoning unlawful conduct. The Applicant is expected to conduct himself in a law-abiding manner and refrain from committing any further offences.
6. Accordingly, the unserved portion of the Applicant's custodial sentence is hereby remitted, and the Applicant shall be released forthwith unless otherwise lawfully held.
7. The Applicant is cautioned that this order is extended as an act of judicial leniency in furtherance of the prison decongestion programme. He shall maintain good conduct and obey the law. Any future offending may be taken into account by a court dealing with any subsequent criminal proceedings.
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