Musyoka v Republic (Criminal Revision E022 of 2026) [2026] KEHC 8311 (KLR) (15 June 2026) (Ruling) Neutral citation: [2026] KEHC 8311 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E022 OF 2026 DR KAVEDZA, J JUNE 15, 2026 BETWEEN FESTUS MUHIMI MUSYOKA ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged after a full trial, convicted for two counts of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to serve thirty (30) years' imprisonment on each count, the sentences to run concurrently. 2. Aggrieved by the sentence imposed, the applicant filed the present application dated 18th February 2026 seeking a review of sentence. In support of the application, he states he has reformed. He expresses remorse for the ofience committed and avers that he has become a responsible and law-abiding citizen. He further states that his projected date of release is in the year 2028 and urges the Court to consider the progress he has made while in custody and grant the relief sought. 3. I have carefully considered the application, the court record, and the material placed before the Court. The record indicates that the applicant has served approximately fifteen (15) years and five (5) months of the sentence imposed. He therefore has slightly under two years remaining before completion of his custodial term considering remission. 4. This Court called for and received a probation officer's report to assess the applicant's suitability for a non-custodial sentence. The report is favourable. It confirms that the applicant has maintained good conduct while in prison, has actively participated in rehabilitation programmes, and has demonstrated positive behavioural change. The report further indicates that he has a supportive family and community environment capable of facilitating his successful reintegration into society. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8311/eng@2026-06-15 1
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5. Taking into account the substantial period already served, the favourable probation report, the applicant's demonstrated rehabilitation and remorse, and his positive conduct while in custody, I am satisfied that the objectives of punishment have largely been achieved. Continued incarceration for the remainder of the sentence would not substantially advance the interests of justice. 6. Accordingly, I find merit in the application. The same is hereby allowed. The applicant shall be released forthwith and placed under the supervision of the Probation Officer Kibera to facilitate his reintegration into society. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 15TH DAY OF JUNE 2026 ......................... D. KAVEDZA JUDGE In the presence of: Applicant Present Mr. Mutuma for the Respondent Karimi Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8311/eng@2026-06-15 2
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