Maisonge v Republic (Miscellaneous Criminal Application E201 of 2024) [2026] KEHC 8562 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEHC 8562 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E201 OF 2024 NM ORINA, J JUNE 18, 2026 BETWEEN GEORGE MUSYOKI MAISOMGE ......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with two counts of the ofience of murder contrary to Section 203 as read together with Section 204 of the Penal Code. He was convicted and sentenced to death but the sentenced was reviewed to 40 years on 13 April 2021. This sentence was to run from the date of arrest being 22 December 2000. He has served 26 years in prison and has a balance of 14 months taking into consideration remission. 2. By an application dated 22 October 2024, the Applicant seeks a review of sentence to the extent that the time already served since he was arrested be considered as sufficient punishment. In support of the application, he avers that he is of advanced age (54 years old) and that he has reformed. He also contends that he has undergone rehabilitation and he has been equipped with useful skills which he can put into use once he reintegrates back into society. 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 twenty-six (26) years of the sentence imposed. He therefore has fourteen (14) months remaining on his sentence taking into account 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 probation office in Mombasa filed a report dated 18 June 2026 which is generally favourable. The report states that family members of the Applicant were interviewed and https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8562/eng@2026-06-18 1
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they expressed readiness to support him in reintegrating back to society. The report also notes that the Applicant has gained some vocational skills while in prison which may be useful upon release. 5. Taking into account the period the Applicant has already served coupled with his age, the recommendation of the probation officer, the Applicant’s expressed remorse and good conduct while in prison, I am satisfied that the objectives of punishment have been achieved and there is no justification for any continued incarceration. The application is hereby allowed with the consequence that the Applicant shall be released forthwith and be placed under the supervision of the Probation Officer in charge of Sultan Hamud to facilitate his reintegration into society. 6. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF JUNE 2026 NABIL M. ORINA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8562/eng@2026-06-18 2
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