https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11865
The court adopted the parties’ agreement and the sentence review report, found the Applicant eligible for a Community Service Order, and revised the custodial sentence to a one-year non-custodial community service sentence supervised by Wundanyi Probation Office with default reverting to custody.
Source-derived case information.
- Citation
- [2026] KEHC 11865 (KLR)
- Parties
- Applicant: Basily Mwandime; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E005 of 2026
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed; custodial sentence revised to a non-custodial Community Service Order.
- Judges
- ["A Mshila"]
- Legal Topics
- Sentence Revision, Non Custodial Sentence, Community Service Order, Default Consequence, Agreement Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Basily Mwandime
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence should be revised from custodial to non-custodial.
- 2 Whether the Applicant is eligible for a Community Service Order.
- 3 What conditions should attach to the revised sentence.
Ratio Decidendi
The court adopted the parties’ agreement and the sentence review report, found the Applicant eligible for a Community Service Order, and revised the custodial sentence to a one-year non-custodial community service sentence supervised by Wundanyi Probation Office with default reverting to custody.
Court Disposition
Application allowed; custodial sentence revised to a non-custodial Community Service Order.
Orders
- Agreement dated 28th July 2026 adopted as an order of the court.
- Applicant to serve a one (1) year Community Service Order under Wundanyi Probation Office supervision.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT VOI** **CRIMINAL REVISION NO. E005 OF 2026** **BASILY MWANDIME……………………………..…………………APPLICANT** **=VERSUS=** **REPUBLIC……………………………………………….…………RESPONDENT** **RULING** 1. The Agreement dated 28th July 2026 is hereby adopted as an Order of the Court. 2. Pursuant to the Agreement and the Sentence Review Report the Applicant is found to be eligible for Community Service Order. The custodial sentence is hereby revised to a non-custodial Community Service Order sentence to be served and supervised at Wundanyi Probation Office for a period of one (1) year and conditional to the Applicant adhering to the terms and conditions of the Agreement. 3. To pay Kshs. 62,500/= quarterly with effect from today’s date. If in case he defaults the Applicant to be re-arrested and to serve the balance of his sentence in custody/prison. **Orders accordingly.** **Dated, signed and delivered virtually this 28th day of July 2026 in open court at Voi High Court.** **A. MSHILA** **JUDGE** **In the presence of:-** **Court Assistant: Millicent/Eghwa** **Prosecutor: Ms. Kanyuira** **Basil present in Court**