Nyaga v Republic (Miscellaneous Criminal Application E206 of 2025) [2026] KEHC 7992 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 7992 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E206 OF 2025 DR KAVEDZA, J JUNE 8, 2026 BETWEEN EDWARD MURIUKI NYAGA ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant was charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. After a full trial, he was convicted by this Court and sentenced to death. Aggrieved, the Applicant lodged an appeal to the Court of Appeal. The appellate court upheld the conviction but set aside the death sentence and substituted it with a custodial sentence of thirty (30) years' imprisonment. 2. The Applicant has now moved this Court through the present application seeking a review of the sentence. He states that he has been in continuous custody for approximately seventeen (17) years, a period which he contends has afiorded him sufficient opportunity for rehabilitation. He further avers that, considering the remission, he has a remaining term of two years and ten months. The Applicant submits that he has demonstrated good conduct while in prison and has undertaken programmes aimed at his rehabilitation and reintegration into society. He further states that his family remains supportive and is ready and willing to receive him back into the community. On that basis, he urges the Court to consider a non-custodial sentence for the remainder of his term. 3. In order to assess the Applicant's suitability for a non-custodial placement, the Court called for a Probation Officer's Report. The report filed is favourable. It confirms that the Applicant has exhibited positive behavioural change during his incarceration, enjoys family support, and that the community is receptive to his reintegration. The report further recommends that the Applicant be considered for supervision within the community. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7992/eng@2026-06-08 1
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4. Having considered the application, the period already served by the Applicant, the favourable probation report, and the objectives of sentencing, the Court is satisfied that this is an appropriate case for conversion of the remainder of the custodial sentence. 5. Accordingly, the application is allowed. The Applicant shall be released from prison forthwith and shall serve the remainder of his sentence on probation for a period of two (2) years under the supervision of the Kibera Probation Officer. It is so ordered. RULING DATED AND DELIVERED VIRTUALLY THIS 8TH DAY OF JUNE 2026 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7992/eng@2026-06-08 2
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