REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIBERA CRIMINAL REVISION NO. 91 OF 2026 BERNARD APPLICANT BENDE CHRIS KYALLO APPLICANT MAIKO………...………………..…………..…1ST MALONZA……...…………………………….…2ND VERSUS REPUBLIC……………………………………………….……….. ….RESPONDENT RULING 1. The applicants were convicted and after a full trial convicted for the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code. They were each sentenced to pay a fine of Kshs. 50,000 in default to serve twelve (12) months imprisonment. 2. They filed the present application seeking sentence review. The grounds raised in support of the application are that since his incarceration they have been rehabilitated. They urged the court to grant a non-custodial sentence. 3. A probation report was filed with respect to the applicants. According to the said report, the applicants has been receptive to rehabilitation while in prison and is remorseful for committing the offence. In addition, they have already spent eight (8) months years in prison. 4. The findings in the probation report are favourable and I accordingly find that he is eligible for early release having been rehabilitated.
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5. The applicants are released forthwith unless otherwise lawfully held. The Probation Officer Kibera shall ensure their reintegration back into society. Orders accordingly. Ruling dated and delivered virtually this 30 th day of July 2026 _______________ D. KAVEDZA JUDGE
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