Hamisi Horres Lenga Alias Boosho v Republic

Lenga alias Boosho v Republic (Miscellaneous Criminal Application E023 of 2025) [2026] KEHC 9495 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9495 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E023 OF 2025 NM ORINA, J JULY 2, 2026 BETWEEN HAMISI HORRES LENGA ALIAS BOOSHO ...................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant was charged with the offence of murder contrary to Section 203 of the Penal Code as read together with Section 204 of the Penal Code. He entered into a plea agreement and pleaded guilty to the offence of manslaughter contrary to Section 202(1) as read with Section 205 of the Penal Code. This court gave a detailed sentencing ruling committed the Applicant to a custodial sentence of 10 years which was to run from 9 July 2021. The court also directed that the Applicant was to continue receiving treatment at the rehabilitation centre (MEWA) and mental hospital where he was previously treated at (Port Reitz Hospital). 2. The Applicant has now moved this court through an undated application seeking probation placement. The application is supported by the grounds that the Applicant is fully rehabilitated and that there is a positive progress report from the prison authorities. There is, however, no progress report from prison that has been filed. The file also lacks a sentence review report from the probation office. 3. Considering the circumstances outlined in this Court’s ruling dated 24 July 2024, the Applicant’s situation at that time was noted that the Applicant was suffering from a mental ailment compounded by substance abuse which needed treatment and he had not recovered at the time. The custodial sentence together with orders for treatment was to, therefore, assist the Applicant get treatment and reintegrate well back into society. There is no report which has been placed before me to confirm that the Applicant’s situation has changed. In the circumstances, I find that this application is unwarranted absent a medical psychiatric report and a sentence review report from the probation office. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9495/eng@2026-07-02 1

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