https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10823
The application failed because the applicant had been convicted of sexual assault under the Sexual Offences Act, an offence attracting a mandatory minimum sentence, and the court had no power to convert the remaining custodial term into probation despite evidence of rehabilitation.
Source-derived case information.
- Citation
- [2026] KEHC 10823 (KLR)
- Parties
- Applicant: KELVIN OCHIENG OWINO; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E012 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Serve Remaining Sentence Under Probation
- Outcome
- Application dismissed
- Judges
- ["PK Rotich"]
- Legal Topics
- Conversion of Custodial Sentence to Probation, Mandatory Minimum Sentence, Post Conviction Relief, Rehabilitation Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KELVIN OCHIENG OWINO
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Serve Remaining Sentence Under Probation
Legal Issues
- 1 Whether the court can convert the unserved portion of a sentence for sexual assault into probation
- 2 Whether the applicant's rehabilitation justified release on probation
Ratio Decidendi
The application failed because the applicant had been convicted of sexual assault under the Sexual Offences Act, an offence attracting a mandatory minimum sentence, and the court had no power to convert the remaining custodial term into probation despite evidence of rehabilitation.
Court Disposition
Application dismissed
Orders
- The request to serve the remaining part of the sentence under probation is declined.
- The applicant remains bound by the original custodial sentence.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MOMBASA** **HC MISC CRIMINAL APPLICATION NO. E 012 OF 2025** **KELVIN OCHIENG OWINO…….…………………… APPLICANT** **VERSUS** **REPUBLIC…………………..….................…............RESPONDENT** **RULING** 1. The applicant was convicted for the offence of sexual assault contrary to 5(1)(a)(i) of Sexual Offences Act on 10th March,2023 by Hon. David O. Odhiambo (SRM) in Shanzu SPM Criminal SO Case No. E145 of 2021 and sentenced to serve 10 years imprisonment from the date he was charged in Court. In the applicant was charged in Court on 15th October, 2021. 2. In the application before Court the applicant prays that this Court orders that he serves the remaining part of his sentence under probation. In his supporting affidavit the applicant states that has obtained a Diploma in Theology and he is a member of the Scouting Movement. The applicant, further, avers he is very remorseful for the offence he committed and that he is well rehabilitated and ready to be integrated into the society. 3. Much as this Court commends the applicant for his achievement in prison which serving and apparent rehabilitation, the Court wishes to point out that sexual offences attract mandatory minimum sentences. The court is, therefore, unable to convert remaining part of the sentence meted for against the applicant to probation. The upshot of my finding is that the applicant’s application is misconceived and the same is dismissed. **Dated, signed and delivered online vide MS teams this 18th June 2026.** **HON. P.K. ROTICH** **JUDGE** In the presence of: Applicant in person Ms,Cherop for DPP CA - Kipchirchir