Njoroge & another v Republic (Miscellaneous Criminal Application E031 of 2026) [2026] KEHC 10745 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10745 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E031 OF 2026 DR KAVEDZA, J JULY 16, 2026 BETWEEN ANDREW KAMAU NJOROGE ....................................................... 1ST APPLICANT IAN LEYAN MAINA ......................................................................... 2ND APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicants were jointly convicted on two counts of robbery with violence contrary to section 296(2) of the Penal Code. Each was sentenced to twenty (20) years' imprisonment on each count, the sentences to run concurrently. 2. By the present undated application, the applicants seek review of their sentences. They state that they have undergone rehabilitation while in custody, are remorseful, have family support, and pray for release on a non-custodial sentence. 3. The Probation Officer's sentence review reports indicate that each applicant has served approximately eleven (11) years' imprisonment and, after taking remission into account, has about two (2) years and five (5) and six (6) months respectively that they are remaining to serve. The reports further confirm that they have maintained good conduct, expressed genuine remorse, enjoy strong family support, have viable reintegration plans, and recommend their release under probation supervision. 4. I have considered the applications, the probation reports and the record. The applicants have served a substantial portion of their sentences. In view of their demonstrated rehabilitation, remorse, favourable probation reports and the support available for their reintegration, I am satisfied that the period already served is sufficient and that they are suitable candidates for release under supervision. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10745/eng@2026-07-16 1
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5. Accordingly, the applications are allowed. The remainder of the custodial sentences is hereby substituted with probation supervision. The 1st applicant, Andrew Kamau Njoroge, shall be released from custody and placed under the supervision of the Kibera Probation Officer for a period of two (2) years and five (5) months. 6. The 2nd applicant, Ian Leyan Maina, shall also be released from custody and placed under the supervision of the Kibera Probation Officer for a period of two (2) years and six (6) months. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 16TH DAY OF JULY 2026 D. KAVEDZA JUDGE In presence of: Applicants Present Mutuma for the Respondent Karimi Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10745/eng@2026-07-16 2
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