Nicholus Mbogho Mwalusangali v Republic

Mwalusangali v Republic (Criminal Revision E003 of 2026) [2026] KEHC 11431 (KLR) (24 July 2026) (Ruling) Neutral citation: [2026] KEHC 11431 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI CRIMINAL REVISION E003 OF 2026 A MSHILA, J JULY 24, 2026 BETWEEN NICHOLUS MBOGHO MWALUSANGALI ......................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant was charged with the ofience of willfully and unlawfully assaulting his father thereby occasioning him actual bodily harm. He was convicted and sentenced to serve a custodial sentence of two (2) years. 2. The Applicant has served ten (10) months and now seeks a review of his sentence from custodial to non-custodial. 3. This Court ordered for a Sentence Review Report to determine his suitability for a Community Service Order – non custodial sentence. 4. This Court also summoned the father of the Applicant for examination on whether the two had reconciled. The father of the Applicant stated that the two had reconciled and he had since forgiven his son and has been visiting him whilst in prison. 5. The Sentence Review Report was also favourable and found the Applicant suitable for a Community Service Order sentence. 6. For these reasons this Court finds that the Applicant is eligible for Community Service Order. 7. Custodial sentence revised to Community Service Order – to be served at Wundanyi Probation Office for 3 months. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11431/eng@2026-07-24 1

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