https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12516

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA COUNTY COURT NAME: MOMBASA HIGH COURT CASE NUMBER: HCCRREV/E093/2026 LENNOX TINGA VS THE REPUBLIC RULING (Arising from Shanzu Senior Principal Magistrate's Court Criminal Case No. SO/E5/2020, judgment delivered on 7th June 2026 by Hon. David Odhiambo (SPM). The matter was placed before this Court pursuant to the prison decongestion exercise.) 1. This matter was placed before the Court pursuant to the Chief Justice's directive on the continuous prison decongestion programme undertaken in the exercise of the High Court's supervisory jurisdiction over subordinate courts. 2. The recommendation letter from the Officer in Charge of Prison dated 8th June 2026 indicates that the Applicant was identified as a suitable candidate for consideration under the prison decongestion exercise. 3. The record shows that the Applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act and was sentenced to ten (10) years' imprisonment. 4. The Sentence Review Report indicates that the Applicant has served approximately eight (8) years of the sentence and has a balance of two (2) years before completing the custodial term. The report further indicates that efforts to contact the Applicant's family and neighbours were unsuccessful because the telephone contacts provided were incorrect. More significantly, the report notes The Judiciary of Kenya Doc IDENTITY: 44988912857389518776325494986 Tracking Number:OOW8JF2026 1/ 2 that the Applicant continues to justify his actions against the minor victim, demonstrating an absence of genuine remorse or acceptance of responsibility. 5. The offence for which the Applicant was convicted is grave. While the objective of the prison decongestion programme is to ease congestion within correctional facilities, the Court must balance that objective against the seriousness of the offence, the interests of justice, the rights of the victim, and the need to protect the public. 6. Having considered the circumstances of this case, particularly the Applicant's continued justification of his conduct and the absence of remorse, I am not persuaded that this is an appropriate case for the exercise of the Court's discretion in favour of early release. In the circumstances, I decline the request for sentence review or release under the prison decongestion programme. Accordingly, the application is declined. The Applicant shall continue 7. serving the remainder of the sentence imposed by the trial court. It is so ordered. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026. WENDY K. MICHENIJUDGEHIGH COURT OF KENYAMOMBASA In the Presence of: applicant in person Mr, Sirima for the state 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 17:41:34 The Judiciary of Kenya Doc IDENTITY: 44988912857389518776325494986 Tracking Number:OOW8JF2026 2/ 2