Kitole v Republic (Criminal Revision E067 of 2026) [2026] KEHC 12518 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12518 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL REVISION E067 OF 2026 WM KAGENDO., J JULY 31, 2026 BETWEEN MATANO CHENGO KITOLE ................................................................ APPLICANT AND THE REPUBLIC ................................................................................... RESPONDENT (Arising from Shanzu Chief Magistrate's Court Criminal Case No. MCCRC/E141/2026. The matter was placed before this Court pursuant to the prison decongestion exercise) RULING 1. This matter was placed before the Court pursuant to the Chief Justice's directive on the continuous prison decongestion programme undertaken in the exercise of the High Court's supervisory jurisdiction over subordinate courts. 2. The recommendation letter from the Officer in Charge of Prison dated 8th June 2026 indicates that the Applicant was identified as a suitable candidate for consideration under the prison decongestion exercise. 3. The Applicant was convicted by the trial court of the ofience of obtaining by false pretences contrary to section 313 of the Penal Code and was sentenced to one (1) year's imprisonment. 4. The Sentence Review Report indicates that the Applicant has served approximately four (4) months of the sentence and has a balance of six (6) months remaining. The report further states that the Applicant has responded positively to rehabilitation programmes while in custody, has acquired carpentry skills, and intends to utilise those skills for self-employment upon release. It further indicates that both his family and members of the community are willing to receive him back, provided that he continues to demonstrate genuine reform and remains law-abiding. They have also expressed their willingness to support his reintegration into society. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12518/eng@2026-07-31 1
page 1 of 2
5. Having considered the circumstances of the case, the Sentence Review Report, and the Applicant's progress in rehabilitation, I am satisfied that he has demonstrated good conduct while in custody, has shown remorse, and is a suitable candidate for a non-custodial sentence. The objectives of punishment, rehabilitation, and reintegration will, in my view, be better served by allowing him to complete the remainder of his sentence in the community under appropriate supervision. 6. Consequently, I make the following orders: 7. i. The remainder of the custodial sentence is hereby commuted to a Community Service Order to be undertaken at Kiembeni Police Station for the unexpired portion of the sentence. ii. The Applicant shall be supervised by the Probation and Aftercare Service, which shall ensure compliance with the Community Service Order. iii. The supervising Probation Officer shall file monthly progress reports before this Court on the Applicant's conduct and compliance with the terms of the Order. iv. Should the Applicant breach any of the conditions of the Community Service Order or commit any further ofience during the period of supervision, this Order may be revoked, and the Applicant shall serve the remainder of the custodial sentence imposed by the trial court. Orders accordingly. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026. WENDY K. MICHENIJUDGE HIGH COURT OF KENYA AT MOMBASA Signed by/for: HON. LADY JUSTICE WENDYMICHENI MOMBASA HIGH COURT HIGH COURT CRIMINAL DATE: 2026-07-31 17:39:33 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12518/eng@2026-07-31 2
page 2 of 2