https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10043
The court found that although the applicant had made positive rehabilitative progress and had served about thirteen years, those factors alone did not justify interference with a lawful and proportionate 25-year sentence for robbery with violence; there was therefore no basis to reduce or convert the sentence.
Source-derived case information.
- Citation
- [2026] KEHC 10043 (KLR)
- Parties
- Applicant: ALICE HALIMA SHIBISHI; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E059 of 2026
- Procedural Posture
- Criminal Revision Application / Sentence Review After Conviction, Appeal, and Prior Sentence Substitution
- Outcome
- Application dismissed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Robbery With Violence, Sentence Review, Rehabilitation, Probation Report, Custodial Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ALICE HALIMA SHIBISHI
Applicant
REPUBLIC
Respondent
Procedural Posture
Criminal Revision Application / Sentence Review After Conviction, Appeal, and Prior Sentence Substitution
Legal Issues
- 1 Whether the court should review and reduce a lawful custodial sentence for robbery with violence on the basis of rehabilitation, remorse, and time served.
- 2 Whether the favourable probation and aftercare report justifies conversion of the remaining custodial term to a non-custodial sentence.
Ratio Decidendi
The court found that although the applicant had made positive rehabilitative progress and had served about thirteen years, those factors alone did not justify interference with a lawful and proportionate 25-year sentence for robbery with violence; there was therefore no basis to reduce or convert the sentence.
Court Disposition
Application dismissed
Orders
- The sentence remains twenty-five (25) years' imprisonment.
- The applicant shall continue serving the sentence to lawful completion.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL REVISION NO. E059 OF 2026** ALICE HALIMA SHIBISHI………..………………………………..APPLICANT VERSUS REPUBLIC………………………………………………………..RESPONDENT **RULING** 1. The Applicant was charged with and convicted of the offence of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death. Her appeal against both conviction and sentence was dismissed. Subsequently, upon petition, the death sentence was substituted with a custodial sentence of twenty-five (25) years' imprisonment. 2. The Applicant has now filed the application dated 24 March 2026 seeking a review of the sentence. She contends that the period spent in custody has been sufficient to facilitate her rehabilitation, that she is genuinely remorseful for the offence, and that she has successfully undergone rehabilitation while in prison. She therefore prays that the remainder of her sentence be converted to a non-custodial sentence. 3. The Court called for a sentence review report from the Probation and Aftercare Service. The report is favourable and indicates that the Applicant has made positive progress during her incarceration. The record further shows that she has served approximately thirteen (13) years of the custodial sentence. 4. I have considered the application, the probation report and the circumstances of the case. While the Applicant's rehabilitation and remorse are commendable, they do not, without more, justify interference with a lawful sentence imposed for the grave offence of robbery with violence. The substituted sentence of twenty-five (25) years' imprisonment remains proportionate and appropriate in the circumstances. I find no basis for reviewing or reducing the sentence. 5. Accordingly, the application is dismissed. The Applicant shall continue serving the sentence to its lawful completion. Orders accordingly. **Ruling dated and delivered virtually this 8th day of July 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE** **In the presence of:** Applicant Present Mutuma for the Respondent Karimi Court Assistant.