Wambua v Republic (Criminal Revision 58 of 2026) [2026] KEHC 6774 (KLR) (19 May 2026) (Ruling) Neutral citation: [2026] KEHC 6774 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION 58 OF 2026 DR KAVEDZA, J MAY 19, 2026 BETWEEN BENARD WAMBUA ................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for purposes of considering whether the convict Benard Wambua 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 convicted of the ofience of sexual assault contrary to section 5(1)(a) of the Sexual Offences Act and was sentenced to ten (10) years’ imprisonment. 3. I have considered the circumstances surrounding the conviction, the nature of the ofience, and the applicable law. The ofience committed is serious and involves violation of the complainant’s dignity and bodily autonomy. The sentence imposed was lawful and proportionate in the circumstances of the case. 4. In view of the gravity of the ofience and the circumstances disclosed on record, I find that the applicant does not qualify for early release under the decongestion programme. The applicant shall therefore serve the remainder of the sentence to completion. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 19TH DAY OF MAY 2026 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6774/eng@2026-05-19 1
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