Marjan Juma Hamisi v Republic

Hamisi v Republic (Miscellaneous Criminal Application E207 of 2025) [2026] KEHC 3432 (KLR) (10 March 2026) (Ruling) Neutral citation: [2026] KEHC 3432 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E207 OF 2025 DR KAVEDZA, J MARCH 10, 2026 BETWEEN MARJAN JUMA HAMISI ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to serve 20 years imprisonment. Being dissatisfied with the conviction and sentence, appealed to the High Court of Kenya at Milimani vide Criminal Appeal No. HCCR 42 of 2018 and again petitioned at this court vide Review No. E018 under Section 333 (2) and the period spent in custody was considered and deducted from the sentence of 20 years. 2. The Applicant has filed the present application seeking release on a non-custodial sentence. He states that he has been in custody for the last eleven (11) years and five (5) months, taking remission into account, has approximately two (2) years and 1 month remaining. He avers that he has undergone rehabilitation, is reformed, and is ready to reintegrate into society. He prays that the remaining term be served on probation. 3. This Court called for a probation report. His family members and the local administration spoke favourably of him and expressed their readiness to receive and support him upon release. It was further indicated that he has two (2) years and one (1) month of the sentence remaining. The report was favourable. 4. Having considered the application and the probation report, the application is merited. The Applicant shall serve the remainder of his sentence, being two (2) years, on probation under the supervision of the Kibra Probation Officer. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3432/eng@2026-03-10 1

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