https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10160
The application failed because the Applicant had approximately 6 years, 2 months, and 11 days remaining on her sentence, which is far outside the statutory range permitting conversion to probation under section 5 of the Probation of Offenders Act. The Court therefore held the application unmerited and premature.
Source-derived case information.
- Citation
- [2026] KEHC 10160 (KLR)
- Parties
- Applicant: Brenda Wanjiru Kaguru; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E002 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Convert Remaining Custodial Sentence to Probation/non Custodial Sentence
- Outcome
- Application dismissed as unmerited.
- Judges
- ["B Mwamuye"]
- Legal Topics
- Conversion of Sentence to Probation, Eligibility Under Section 5 of the Probation of Offenders Act, Time Remaining on Sentence, Murder Sentence, Post Conviction Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brenda Wanjiru Kaguru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Convert Remaining Custodial Sentence to Probation/non Custodial Sentence
Legal Issues
- 1 Whether the Applicant met the statutory time threshold for conversion of the remaining custodial sentence into a non-custodial sentence under probation.
- 2 Whether the application was ripe for consideration under section 5 of the Probation of Offenders Act.
Ratio Decidendi
The application failed because the Applicant had approximately 6 years, 2 months, and 11 days remaining on her sentence, which is far outside the statutory range permitting conversion to probation under section 5 of the Probation of Offenders Act. The Court therefore held the application unmerited and premature.
Court Disposition
Application dismissed as unmerited.
Orders
- The application for conversion of the remaining sentence into a non-custodial sentence under probation is declined.
- The Applicant may re-apply once the matter becomes ripe.
Full Case Text
Judgment text and source record
1 paragraphs
Kaguru v Republic (Miscellaneous Criminal Application E002 of 2026) [2026] KEHC 10160 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 10160 (KLR) Republic of Kenya In the High Court at Kiambu Miscellaneous Criminal Application E002 of 2026 B Mwamuye, J June 10, 2026 IN THE MATTER OF: ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL FREEDOMS UNDER ARTICLE 19, 20, 22,23, 25, 27, 28, 29, 50, 51, 159 AND 165 OF THE CONSTITUTION OF KENYA AND ALL ENABLING POWERS AND PROVISIONS OF THE LAW AND IN THE MATTER OF: 4(1) AND 92) OF THE PROBATION OF OFFENDERS ACT CAP 64 LAWS OF KENYA AND IN THE MATTER OF: CONSIDERATION OF UNITED NATIONS STANDARDS MINIMUM RULES FOR NON-CUSTODIAL MEASURES (TOKYO RULES) PARAGRAPH 2ANDIN THE MATTER OF: UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) AND IN THE MATTER OF: CRIMINAL CASE NO.E033 OF 2022 AT KIAMBU HIGH COURT, KENYA Between Brenda Wanjiru Kaguru Applicant and Republic Respondent (Arising from High Court at Kiambu Criminal Case No.E033 of 2022 by Hon. Lady Justice Abigail Mshila dated 10th day of November, 2023) Ruling 1.Before the Court is an undated Notice of Motion Application by which the Applicant, Brenda Wanjiru Kaguru, seeks that her remaining sentence for the offence of murder converted into a non-custodial sentence and that she be placed under probation. 2.The Applicant was sentenced to serve a sentence of 10 years imprisonment on 10th November, 2023.; having been in custody from the date of her arrest in 22nd August, 2022. 3.Counting from the date of her arrest to today’s date, the Applicant has served a period of 3 years, 9 months, and 20 days out of her 10-year sentence. Section 5 of the Probation of Offenders Act [ Chapter 64 of the Laws of Kenya] can only be invoked when an Applicant has more than 6 months but 3 years or less of their sentence remaining. Thus, the instant Application does not fall within that ambit as the Applicant has just about 6 years, 2 months, and 11 days remaining in her sentence. 4.Therefore, the Application herein is unmerited as the Applicant has not met the criteria in terms of time eligibility for the conversion of the remaining period of her sentence into a non-custodial sentence served under probation. 5.The Applicant shall remain at liberty to re-apply once she the same is ripe. 6.Orders accordingly, and file closed accordingly. DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS 10TH DAY OF JUNE, 2026……………………………………………………………BAHATI MWAMUYE MBSJUDGEIn the presence of:Ms. Muriu for the StateNo appearance for the ApplicantCourt Assistant - Martin