Mwakavi v Republic (Criminal Revision E128 of 2024) [2025] KEHC 14380 (KLR) (19 June 2025) (Ruling) Neutral citation: [2025] KEHC 14380 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CRIMINAL REVISION E128 OF 2024 NIO ADAGI, J JUNE 19, 2025 BETWEEN WINFRED KATULU MWAKAVI .......................................................... APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Winfred Katulu Mwakavi was charged with the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. She pleaded guilty to the charge and was convicted on her own plea of guilty. She was sentenced to five (5) years imprisonment. 2. The Applicant has approached this court pursuant to Articles 22 (1), 23(1), (3), (d), 24(1) (d), 2, (b), (c), 20(1),(2), (3),(a),27,47,51 (1), 159(2) (a), 165(3) (b),(d), (i) (ii), 258 (1) (a), (b) and (c) of the Constitution of Kenya, 2010, Section 3 of the Community Service Order Act No.10 and Section 4 (1) & (2) of the Probation of Offenders Act Cap 64 Laws of Kenya. The application is based on the grounds set out on the face of the application and supported by the unsworn Supporting affidavit of the Applicant. 3. When the application came up for directions, the Prosecution requested that a Probation Officer’s report be availed in court for consideration on suitability of the Applicant being admitted to noncustodial sentence. The report dated 10th February 2025 was filed in court. 4. Parties filed their respective submissions to the application which I have duly considered. 5. The Applicant seeks a sentence review to have her remaining part of her custodial sentence being served under a probation order. 6. In its submissions dated 11th February 2025, the Respondent is opposed to the application and argues that though the Applicant pleaded guilty to the charges, a life was lost due to her actions. No reasons have been put forth in the instant application to satisfy this court to consider the Applicant for either https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14380/eng@2025-06-19 1
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community service or probation. The Respondent urged this court not to interfere with the custodial sentence meted against the Applicant. 7. I have considered the Probation Officer’s Report dated 10th February 2025. The report is responsive and recommends the Applicant for a probation sentence. 8. The Applicant is pleading for a non-custodial sentence and she is willing to serve a non-custodial sentence for the remainder of her sentence. The nucleus of any correctional system is its rehabilitative and reparative functions. 9. In my considered view, the period served by the Applicant has shaped her character and allowed her to acquire skills in machine tailoring, bead work and soft furnishings which she can use to restart her life. 10. I believe the Applicant is a perfect fit for anon-custodial sentence. She is a first-time offender who is remorseful and willing to take responsibility for her actions. 11. For these reasons, the Applicant is allowed to go and serve a probation sentence for the remaining period of her custodial sentence. 12. During this period, the Probation Officer is obligated to file monthly reports in court in ensuring compliance of the sentence and its effectiveness. 13. Orders accordingly. A RULING WRITTEN, DATED & SIGNED AT MACHAKOS THIS 19TH JUNE 2025 NOEL I. ADAGI JUDGE DELIVERED VIRTUALLY ON TEAMS AT MACHAKOS THIS 19TH JUNE 2025 In the presence of: In person......... for Applicant Ms. Agatha................ for Respondent Milly............. Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14380/eng@2025-06-19 2
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