Felix Tuti Mutenyo v Republic

Mutenyo v Republic (Criminal Revision 12 of 2026) [2026] KEHC 4702 (KLR) (9 April 2026) (Ruling) Neutral citation: [2026] KEHC 4702 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 12 OF 2026 DR KAVEDZA, J APRIL 9, 2026 BETWEEN FELIX TUTI MUTENYO ........................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for purposes of considering whether the convict Felix Tuti Mutenyo is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022. 2. The applicant was charged with the ofience of stealing contrary to section 268 as read together with section 275 of the Penal Code. 3. The record shows that the applicant entered a plea of guilty at the earliest opportunity and was thereafter convicted on his own plea. In doing so, he saved judicial time and spared the prosecution the necessity of calling witnesses. The trial court duly took that mitigating factor into account and imposed a custodial sentence of two (2) years’ imprisonment, which was lawful and lenient in the circumstances. 4. Having considered the nature of the ofience, the sentence imposed, and the relevant criteria governing eligibility for release under the decongestion programme, this Court is not satisfied that the applicant qualifies for early release thereunder. The sentence imposed remains valid and ought to be served in accordance with the orders of the trial court. 5. Accordingly, the applicant shall continue to serve the remainder of the sentence to its lawful completion. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY ON THIS 9TH DAY OF APRIL 2026 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4702/eng@2026-04-09 1

page 1 of 2