Mutua v Republic (Criminal Revision E023 of 2026) [2026] KEHC 8312 (KLR) (15 June 2026) (Ruling) Neutral citation: [2026] KEHC 8312 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E023 OF 2026 DR KAVEDZA, J JUNE 15, 2026 BETWEEN ABDI JAMES MUTUA ............................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged, and after a full trial, convicted for the ofience of robbery with violence contrary to section 296(2) of the Penal Code, abduction contrary to section 259 of the Penal Code and gang defilement contrary to section 10 of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve seven (7) years, six (6) years and fifteen (15) years respectively to run concurrently from the date of arrest. 2. Aggrieved by the sentence imposed, the applicant filed the present undated application seeking a review of sentence. In support of the application, he states that he reformed during his period of incarceration. He expresses remorse for the ofiences committed and avers that he has become a responsible and lawabiding citizen. He 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 ten (10) years of the cumulative sentence of fifteen years imposed. 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/2026/8312/eng@2026-06-15 1
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5. Taking into account the period already served, the favourable Probation Report, the applicant's 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/2026/8312/eng@2026-06-15 2
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