Kamau v Republic (Miscellaneous Criminal Application E015 of 2026) [2026] KEHC 8138 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 8138 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CRIMINAL APPLICATION E015 OF 2026 B MWAMUYE, J JUNE 10, 2026 IN THE MATTER OF: THE CONSTITUTION OF KENYA, 2010 ARTICLES 2(5)(6), 2091)(2)(3), 22(1), 23(1)(3)(D), 24(1)(D), 27, 47, 48, 50(1), 53(1)(E)), 159(2)(A), 165(D)(I), 258(1), 259(1)(A)(B)(C) AND IN THE MATTER OF: PROBATION OF OFFENDERS ACT, CAP 64, LAWS OF KENYA, SECTION 4(1)(2), 5, 12. AND IN THE MATTER OF: PERSONS DEPRIVED OF LIBERTY ACT, 2014 SECTION 5 AND 7 AND IN THE MATTER OF: JUDICIARY’S PRISON DECONGESTION INITIATIVE (2024). AND IN THE MATTER OF: JUDICATURE ACT, CAP 8, LAWS OF KENYA, SECTION 3. AND IN THE MATTER OF: CONSIDERATION OF UNITED NATIONS MINIMUM RULES FOR NON-CUSTODIAL MEASURES (TOKYO RULES) PARAGRAPH 2. AND IN THE MATTER OF: CRIMINAL CASE NO.E045 OF 2021 AT KIAMBU HIGH COURT BETWEEN SARAH WATIRI KAMAU ...................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8138/eng@2026-06-10 1
page 1 of 2
RULING 1. Before the court is the Applicant’s Notice of Motion application dated 23/01/2026 by which the Applicant seeks to serve what she says is the remaining period of her custodial sentence being two (2) years and five(5) months under Probation or Community Service. 2. At the mention of 30/04/2026 a Probation Report was asked for and a Hearing date of 08/06/2026 fixed. 3. A Probation Report in the form of the Sentence Review Report dated 19/05/2026 was submitted to court in which the Applicant was stated to have served eleven (11) months out of a ten (10) year sentence for the ofience of Murder in Kiambu HCCR. Case No.E045 of 2021. 4. At the Hearing of 08/06/2026, the Respondent opposed the release of the Applicant on the grounds that the Applicant had not served a significant period of her sentence. On her part the Applicant reiterated the grounds set out in her application. 5. The parties and her Sentence Review Report are not in agreement as to what position of the Applicant’s sentence remains to be served. The Applicant avers that having been in custody since 2021 August, she has a remainder of about two (2) years and five (5) months whereas the Report of the Respondent take a view that eleven (11) months only has been served, leaving about nine (9) years and four (4) months remaining. 6. To ascertain the correct position, this Court calls for Kiambu HCCR. Case No.E045 of 2021 so that the court can ascertain the correct position and satisfy itself as to whether Section 333(2) of the Criminal Procedure Code(CPC) was applied to the sentence and therefore what was the custodial term fixed by the Trial Court. Only then can this Court issue a comprehensive Ruling. 7. Consequently, this partial Ruling; a. Calls for Kiambu HCCR. Case No.E045 of 2021 to be placed before this Judge in Chambers; and, b. Fixes a substantive Ruling date of 25/6/2026. Orders accordingly. DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS 10TH DAY OF JUNE , 2026 ....................... BAHATI MWAMUYE MBS JUDGE In the presence of: For the Applicant …………………………………………….. For the Respondent …………………………………………………. Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8138/eng@2026-06-10 2
page 2 of 2