Mburu v Republic (Miscellaneous Criminal Application E010 of 2026) [2026] KEHC 8175 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 8175 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CRIMINAL APPLICATION E010 OF 2026 B MWAMUYE, J JUNE 10, 2026 IN THE MATTER OF: ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL FREEDOMS UNDER ARTICLE 19, 20, 22, 23, 25, 27, 28, 50, 51, 159 AND 165 OF THE CONSTITUTION OF KENYA AND ALL OTHER ENABLING POWERS AND PROVISIONS OF THE LAW AND IN THE MATTER OF: ARTICLE 50(2)(Q) OF THE CONSTITUTION OF KENYA, 2010 (GUARANTEEING THE RIGHT OF APPEAL OR APPLY FOR REVIEW BY A HIGHER COURT) AND IN THE MATTER OF: AN APPLICATION FOR REVIEW OF SENTENCE AND IN THE MATTER OF: 4TH SCHEDULE TO THE CONSTITUTION FOR CONFORMITY WITH THE PERSONS DEPRIVED OF LIBERTY ACT, 2014 FOR PURPOSES OF DE CONGESTION OF PRISONS AS ONE OF THE GOVERNMENT POLICIES ON THE ADMINISTRATION OF JUSTICE. AND IN THE MATTER OF: 4(1) AND (2) OF THE PROBATION OF OFFENDERS ACT CAP 64 LAWS OF KENYA AND IN THE MATTER OF: CONSIDERATION OF UNITED NATIONS STANDARDS MINIMUM RULES FOR NON-CUSTODIAL MEASURES (TOKYO RULES) PARAGRAPH 2. AND IN THE MATTER OF: UNIVERSAL DECLARATION OF HUMAN RIGHTS *UDHR) AND https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8175/eng@2026-06-10 1
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IN THE MATTER OF: CRIMINAL CASE NO.E1955 OF 2019 AT MILIMANI HIGH COURT NAIROBI, KENYA BETWEEN FAITH NYAMBURA MBURU ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The application before the court is undated and it seeks to convert the remaining sentence of the Applicant, being two (2) years and eleven (11) months at the time of drafting into a non-custodial term to be served into Probation 2. The ODPP does not object and the Sentence Review Report is positive and recommends sentence review. 3. For the foregoing reasons; a. The Notice of Motion application (undated) succeeds and this court hereby orders that the Applicant shall serve the remainder of her sentence non-custodially and under Probation. b. During the period of Probation, the Applicant shall not commit any crimes and if convicted of any crime, the Probation Order shall lapse and the Applicant shall serve the unexpired period custodially. c. Finally, the Applicant is to be set at liberty forthwith unless otherwise lawfully detained. Orders accordingly, file closed 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/2026/8175/eng@2026-06-10 2
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