https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10223
The court found that, given the applicant had served more than five months in custody, the nature of the offence, and the sentence review report, the remainder of the custodial sentence should be substituted with a non-custodial community work sentence under the Community Orders Act, 1998.
Source-derived case information.
- Citation
- [2026] KEHC 10223 (KLR)
- Parties
- Applicant: Julius Muchele Masika; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E036 of 2026
- Procedural Posture
- Criminal Revision / Sentence Revision
- Outcome
- Application allowed; sentence revised.
- Judges
- ["NM Orina"]
- Legal Topics
- Stealing, Non Custodial Sentence, Community Work Orders, Prison Decongestion, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Muchele Masika
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Revision
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant should be revised.
- 2 Whether the remainder of the sentence could be substituted with a non-custodial sentence in light of prison decongestion and rehabilitation considerations.
Ratio Decidendi
The court found that, given the applicant had served more than five months in custody, the nature of the offence, and the sentence review report, the remainder of the custodial sentence should be substituted with a non-custodial community work sentence under the Community Orders Act, 1998.
Court Disposition
Application allowed; sentence revised.
Orders
- The remainder of the applicant's custodial sentence was substituted with a non-custodial sentence.
- The applicant was sentenced to undertake community work pursuant to the Community Orders Act, 1998 for a period of twelve months at Mikindani Chief's Camp.
Full Case Text
Judgment text and source record
1 paragraphs
Masika v Republic (Criminal Revision E036 of 2026) [2026] KEHC 10223 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10223 (KLR) Republic of Kenya In the High Court at Mombasa Criminal Revision E036 of 2026 NM Orina, J July 9, 2026 Between Julius Muchele Masika Applicant and Republic Respondent Ruling 1.This matter is coming up for sentence revision. The Applicant was charged with the offence of stealing contrary to Section 268(1) as read together with Section 275 of the Penal Code. He was convicted on his own plea of guilty and was fined a sum of Kshs. 100,000.00 in default to serve a custodial sentence of three (3) years’ imprisonment. He seeks revision of sentence under the prisons decongestion exercise. 2.The Court has examined the trial record and perused the sentence review report dated 26 March 2026 from the probation office. The applicant was sentenced on 26 January 2026 and he has served a period of more than five (5) months in custody. Considering the nature of the offence, the need to foster rehabilitation of offenders through non-custodial sentence - in appropriate cases and the sentence review report, it is hereby ordered:a.That the remainder of the Applicant’s custodial sentence is hereby substituted with a non-custodial sentence;b.The Court hereby sentences the Applicant to undertake community work pursuant to the Community Orders Act, 1998 for a period of twelve (12) months at Mikindani Chief’s Camp.c.That the sentence be and is hereby reviewed accordingly. 3.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF JULY 2026NABIL M. ORINAJUDGEIn the Presence of:Linda – Court Assistant