REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. 66 OF 2026 JOHN MUISYO MBINGU…………..………………………..APPLICANT VERSUS REPUBLIC………………….…………………………………… RESPONDENT RULING 1. This file was opened to determine whether the convict, John Musiyo, qualifies for sentence review under the prison decongestion initiative pursuant to the Chief Justice's Memo dated 7th December 2022. 2. The Applicant was convicted of stealing from a locked motor vehicle contrary to section 279 of the Penal Code and sentenced to seven (7) years' imprisonment. At the time of consideration, he had approximately two (2) years and three (3) months of the sentence remaining. 3. The probation report indicates that the Applicant has participated in counselling and rehabilitation programmes while in custody, demonstrating positive reform. It further confirms that his family is willing to support his reintegration into the community. 4. Having considered the probation report and the circumstances of the case, I am satisfied that the Applicant is suitable for a non-custodial sentence under the prison decongestion programme. 5. Accordingly, the remainder of the custodial sentence is substituted with a Community Service Order for a period of two (2) years under the supervision of the Kibera Probation Officer. Orders accordingly.
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Ruling dated and delivered virtually this 30 th day of June 2026 ________________ D. KAVEDZA JUDGE
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