https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5140

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA COUNTY COURT NAME: MOMBASA HIGH COURT CASE NUMBER: HCCRREV/E237/2026 CHIBUNGU SANGA VS THE REPUBLIC RULING 1. The Applicant is one of a number of convicted persons who were identified during the Court's prison visit as belonging to a special category of inmates requiring consideration for sentence review. 2. This category comprised inmates of advanced age and those suffering from serious medical conditions. Their continued incarceration had become increasingly burdensome to the prison administration, as well as to fellow inmates who were required to assist with their daily care. The Court observed that, in appropriate cases, prolonged incarceration under such circumstances may offend the constitutional right to human dignity guaranteed under Article 28 of the Constitution. Further, continued imprisonment was found to impose a significant financial burden on the prison authorities while contributing little towards the Applicant's rehabilitation. 3. Consequently, the Court directed that the following reports be filed for each identified inmate: i. A Prison Progression Report together with the recommendation of the Officer in Charge; The Judiciary of Kenya Doc IDENTITY: 45199902857262418776325569159 Tracking Number:OOC8NB2026 1/ 5 ii. A Sentence Review Report by the Probation and Aftercare Service; and The Judiciary of Kenya Doc IDENTITY: 45199902857262418776325569159 Tracking Number:OOC8NB2026 2/ 5 iii. A comprehensive Medical Report. In the present case, the medical report indicates that the Applicant suffers 4. from a serious cardiac condition. He has pulmonary valve disease with a dilated and dysfunctional right ventricle, resulting in significantly reduced cardiac function. He remains under specialised follow-up at the Cardiac Clinic of the Coast General Teaching and Referral Hospital and has been assessed as requiring possible pulmonary valve replacement surgery. 5. According to the Officer in Charge, the Applicant has maintained exemplary conduct throughout his incarceration. However, he has since developed a serious heart condition requiring specialised surgical intervention in the form of valve replacement, which cannot adequately be provided within the prison environment. 6. The Probation and Aftercare Service filed a Sentence Review Report dated 21st July 2026, the salient findings of which are summarised below. Background 7. The Applicant, Chibungu Sanga, is a 62-year-old inmate currently held at Shimo La Tewa Maximum Prison. He is serving a sentence for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code, having been sentenced by the Chief Magistrate's Court at Mombasa on 14th December 2023. He has served approximately two years and six months, inclusive of the remand period. The report is based on interviews with the Applicant, his son Andrew 8. Mwambao, Mr Peter Mwamuye, prison records and the court record. Home and Personal Circumstances 9. The Applicant is married to Nazi Chibungu Sanga, an elderly farmer residing in Chonyi, Kilifi County. Together they have five children, all of whom remain supportive of him. His family comprises Peter Mwamuye, a Kenya Defence Forces officer stationed in Lamu County; Andrew Mwambao, a Clinical Officer based in Mombasa; Beatrice Mnyazi, a trained teacher who suffers from epilepsy; Elizabeth Idza; and Fanuel Tsanga, a trained plumber. 10. The report establishes that the Applicant suffers from advanced heart disease characterised by enlargement of one chamber of the heart and hypertension. A medical recommendation issued by the Coast General Teaching and Referral Hospital on 22nd August 2025 advised that he undergo operative management. However, the recommended surgery has not been undertaken because the prison environment is unsuitable for the level of specialised The Judiciary of Kenya Doc IDENTITY: 45199902857262418776325569159 Tracking Number:OOC8NB2026 3/ 5 treatment and post-operative care required. The Applicant's family has expressed its willingness to facilitate his 11. treatment and support his reintegration into society should he be released. They have further undertaken to assist him in establishing a source of livelihood while ensuring his continued compliance with the law. 12. The report further reveals that the Applicant was formerly a police officer stationed at Mukurwe-ini Police Station. The offence arose during the execution of his official duties when he fatally shot a suspect during an arrest operation. 13. Owing to the age of the case, which dates back to 2015 when it was before the High Court at Nyeri, the Probation Officer was unable to trace the victim's family despite reasonable efforts. It is nevertheless noted that, if released, the Applicant intends to reside in Kilifi County, approximately 600 kilometres from where the offence occurred. Prison Assessment, Rehabilitation and Reintegration Owing to his deteriorating health, the Applicant has been unable to 14. participate in prison rehabilitation programmes. Nevertheless, the prison authorities describe him as disciplined, responsible and compliant with prison regulations. They report that he has embraced rehabilitation, demonstrated respect for the law and consistently maintained good conduct throughout his incarceration. 15. The Applicant has expressed genuine remorse for the offence and seeks the Court's mercy to enable him obtain the medical treatment necessary to preserve his life. He has no record of prison misconduct and has undertaken to remain law-abiding upon his release. Attitude Towards Non-Custodial Sentence The Applicant has indicated his willingness to comply with any non- 16. custodial sentence that the Court may impose, including probation supervision or community service where appropriate. His expected date of release is 14th August 2028. Recommendation 17. The Probation Officer recommends that the Applicant is suitable for a non- custodial sentence. In the Officer's assessment, conversion of the remainder of the custodial sentence to a probation sentence of three (3) years would enable the Applicant to access the urgent medical treatment that he requires while remaining under structured supervision within the community. The Judiciary of Kenya Doc IDENTITY: 45199902857262418776325569159 Tracking Number:OOC8NB2026 4/ 5 18. I have carefully considered the Medical Report, the Prison Progression Report and the comprehensive Sentence Review Report. The evidence before the Court demonstrates that the Applicant suffers from a serious and progressive cardiac condition requiring urgent surgical intervention. His continued incarceration significantly limits his ability to access the specialised treatment necessary for his survival. 19. I have also taken into account the Applicant's advanced age, his exemplary conduct while in custody, the absence of any disciplinary infractions, his demonstrated remorse and the strong family support available to facilitate both his treatment and reintegration into society. 20. Sentencing serves several objectives, including punishment, deterrence, rehabilitation, community protection and restorative justice. However, where exceptional post-sentencing circumstances arise—particularly those involving grave illness and humanitarian considerations—the Court is entitled to revisit the manner in which the remainder of the sentence is served, provided that the interests of justice are not compromised. 21. In the present case, I am satisfied that the interests of justice will be better served by allowing the Applicant to undergo the life-saving medical treatment recommended by specialists while remaining under the supervision of the Probation and Aftercare Service. 22. Accordingly, the custodial sentence imposed upon the Applicant is hereby reviewed. The unexpired portion of the sentence shall be served under the supervision of the Probation and Aftercare Service for a period of three (3) years, subject to such conditions as shall be imposed by the Probation Officer. 23. The Applicant shall report to the Mombasa County Probation Office within seven (7) days of his release for supervision and compliance with the terms of the probation order. 24. Orders accordingly. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 30TH DAY OF JULY 2026. HON. LADY JUSTICE W. K. MICHENIJUDGE In the Presence of: ..THE APPLICANT Mr. Sirima for the state The Judiciary of Kenya Doc IDENTITY: 45199902857262418776325569159 Tracking Number:OOC8NB2026 5/ 5 Bebora court asistant. .................................................... HON. LADY JUSTICE W. K. MICHENI JUDGE SIGNED BY/FOR: □ TH E J U D I C I A R Y O F K E N Y A ★ HON. LADY JUSTICE WENDY MICHENI Mombasa High Court High Court Criminal Date: 2026-07-31 16:47:35 The Judiciary of Kenya Doc IDENTITY: 45199902857262418776325569159 Tracking Number:OOC8NB2026 6/ 5