Hamadi Hamisi v The Republic

Hamisi v Republic (Criminal Revision E074 of 2026) [2026] KEHC 12648 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12648 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL REVISION E074 OF 2026 WM KAGENDO., J JULY 31, 2026 BETWEEN HAMADI HAMISI ................................................................................... APPLICANT AND THE REPUBLIC ................................................................................... RESPONDENT (MCCRC/E1614/2026 at Chief Magistrates Court Mombasa delivered on 18th February was identified for decongestion) RULING 1. This file was brought before me for the decongestion exercise pursuant to the Chief Justice’s directive on continuous prison decongestion under the High Court Supervisory Jurisdiction. 2. Recommendation Letter from Prison dated 08/06/2026 indicates that the Applicant was identified as eligible for the exercise 3. The Applicant was convicted by the trial court for the ofience of stealing contrary to section 268(1) as read with section 275 of the Penal Code and was sentenced to serve 36 months imprisonment. 4. Upon perusal of the Pre- Sentencing Report, dated 18/02/2025, the Applicant attributed his actions to “shetani”. It was disclosed to Court that the Applicant was also facing a felony charge. Efiorts to reach his family were futile as he had provided inaccurate contacts details. 5. The above goes to show that the Applicant does not regret, is not remorseful of thus there is threat of re-ofiending. 6. The Court declines the Application. 7. It is so ordered. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY OF 2026 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12648/eng@2026-07-31 1

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