Julius Muchele Masika v Republic

Masika v Republic (Criminal Revision E036 of 2026) [2026] KEHC 10223 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10223 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL REVISION E036 OF 2026 NM ORINA, J JULY 9, 2026 BETWEEN JULIUS MUCHELE MASIKA ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This matter is coming up for sentence revision. The Applicant was charged with the ofience of stealing contrary to Section 268(1) as read together with Section 275 of the Penal Code. He was convicted on his own plea of guilty and was fined a sum of Kshs. 100,000.00 in default to serve a custodial sentence of three (3) years’ imprisonment. He seeks revision of sentence under the prisons decongestion exercise. 2. The Court has examined the trial record and perused the sentence review report dated 26 March 2026 from the probation office. The applicant was sentenced on 26 January 2026 and he has served a period of more than five (5) months in custody. Considering the nature of the ofience, the need to foster rehabilitation of ofienders through non-custodial sentence - in appropriate cases and the sentence review report, it is hereby ordered: 3. a. That the remainder of the Applicant’s custodial sentence is hereby substituted with a noncustodial sentence; b. The Court hereby sentences the Applicant to undertake community work pursuant to the Community Orders Act, 1998 for a period of twelve (12) months at Mikindani Chief’s Camp. c. That the sentence be and is hereby reviewed accordingly. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JULY 2026 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10223/eng@2026-07-09 1

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