Maxwell Emuget Osonyo v Republic

Osonyo v Republic (Miscellaneous Criminal Application E012 of 2026) [2026] KEHC 10138 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10138 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E012 OF 2026 DR KAVEDZA, J JULY 13, 2026 BETWEEN MAXWELL EMUGET OSONYO ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged, tried and convicted of the ofience of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act, No. 3 of 2006. He was initially sentenced to thirty (30) years' imprisonment, which was subsequently reduced to fifteen (15) years. 2. The applicant has filed the present undated application seeking review of sentence. He states that he is a family man, has undergone rehabilitation during his incarceration, and urges the Court to review the remainder of his sentence. 3. The Probation Officer's sentence review report indicates that the applicant has served nine (9) years' imprisonment and, taking remission into account, has approximately one (1) year remaining. The report further states that he is remorseful, has maintained good conduct, enjoys family support, and has a suitable reintegration plan. It recommends his release on a non-custodial sentence. 4. I have considered the application, the probation report and the record. The applicant has served a substantial portion of his sentence. In light of the favourable probation report, his demonstrated rehabilitation, remorse and the support available for his reintegration, I am satisfied that the period already served is sufficient and that he is a suitable candidate for early release under supervision. 5. Accordingly, I find the application meritorious. The applicant shall be released from custody and placed on probation for a period of twelve (12) months under the supervision of the Kibera Probation Officer. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10138/eng@2026-07-13 1

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