REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA COUNTY COURT NAME: MOMBASA HIGH COURT CASE NUMBER: HCCRREV/E173/2026 IBRAHIM IDD RAMADHAN VS THE REPUBLIC RULING (Arising from Mombasa Chief Magistrate's Court Criminal Case No. MCCRC/E1859/2025. The matter was placed before this Court pursuant to the prison decongestion exercise.) 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 offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code. 4. I have considered the Pre-Sentence Report dated 14th April 2026. The report indicates that the Applicant has developed a pattern of persistent offending involving theft and has shown little regard for the property rights of others, including members of his own family. The Officer Commanding Station (OCS), Changamwe Police Station, Chief Inspector Ezra Thuranira, described the Applicant as a habitual offender who has been the subject of numerous The Judiciary of Kenya Doc IDENTITY: 45019562857391418776325494819 Tracking Number:OOMC8B2026 1/ 2
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criminal cases at the station. The report further reveals that the Applicant's family has become frustrated by his conduct and is unwilling to accommodate him upon his release. 5. Although the Applicant was identified for consideration under the prison decongestion programme, the material before the Court demonstrates a substantial risk of re-offending. The Applicant's repeated involvement in criminal conduct, the absence of family support for reintegration, and the assessment contained in the Pre-Sentence Report weigh against the grant of a non-custodial sentence. I am therefore not satisfied that he is a suitable candidate for release under the programme. 6. Consequently, the application is declined. 7. It is so ordered. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026. WENDY K. MICHENIJUDGEHIGH COURT OF KENYA AT MOMBASA SIGNED BY/FOR: □ TH E JUDICIAR Y OF KENY A ★ HON. LADY JUSTICE WENDY MICHENI Mombasa High Court High Court Criminal Date: 2026-07-31 17:42:41 The Judiciary of Kenya Doc IDENTITY: 45019562857391418776325494819 Tracking Number:OOMC8B2026 2/ 2
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