Nganga v Republic (Miscellaneous Criminal Application E058 of 2026) [2026] KEHC 7270 (KLR) (26 May 2026) (Ruling) Neutral citation: [2026] KEHC 7270 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E058 OF 2026 DR KAVEDZA, J MAY 26, 2026 BETWEEN GEOFFREY NJAU NGANGA ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This file was opened for the purposes of considering whether the convict Geoffrey Njau Nganga 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 offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act, No. 3 of 2006, and was sentenced to fifteen (15) years’ imprisonment. According to the prison records placed before the Court, the applicant has approximately six months of the sentence remaining, with the earliest possible release date being 10th December 2026. 3. The Court has considered the report filed by the prison authorities. The report indicates that during his incarceration, the applicant has undergone rehabilitation programmes and vocational training aimed at reform and reintegration into society. The prison authorities further state that the applicant has maintained good conduct, demonstrated discipline, and expressed remorse for the offence committed. The applicant has also prayed for early release. 4. The Court further notes that the applicant’s family has expressed willingness to support him upon release and to facilitate his reintegration into the community. The report assesses the applicant positively and recommends him for consideration under the early release framework. 5. In determining this application, the Court has taken into account the objectives of sentencing, including punishment, rehabilitation, reintegration, and restorative justice. The Court is satisfied that the applicant has substantially benefited from the rehabilitation process and that continued https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7270/eng@2026-05-26 1
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incarceration for the short remaining period is unlikely to serve any further meaningful rehabilitative purpose. 6. In the circumstances, and having considered the favourable prison report, the applicant’s conduct while in custody, his remorsefulness, and the support available from his family, I find that the applicant is suitable for early release. 7. Accordingly, the application is hereby allowed. The applicant shall be released forthwith unless otherwise lawfully held. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MAY 2026 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7270/eng@2026-05-26 2
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