https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11757
The court accepted the probation report as favourable, found that the applicants were receptive to rehabilitation and remorseful, and held that they were eligible for early release. On that basis, the court allowed sentence review and ordered their release forthwith unless otherwise lawfully held.
Source-derived case information.
- Citation
- [2026] KEHC 11757 (KLR)
- Parties
- 1st Applicant: BERNARD BENDE MAIKO; 2nd Applicant: CHRIS KYALLO MALONZA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 91 of 2026
- Procedural Posture
- Criminal Revision on Sentence Review / Ruling on Application for Sentence Review
- Outcome
- Application allowed; applicants released forthwith.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Stealing, Sentence Review, Non Custodial Sentence, Rehabilitation, Probation Report, Early Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BERNARD BENDE MAIKO
1st Applicant
CHRIS KYALLO MALONZA
2nd Applicant
Republic
Respondent
Procedural Posture
Criminal Revision on Sentence Review / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicants had shown sufficient grounds for review of sentence.
- 2 Whether the probation report and time already served justified early release and a non-custodial outcome.
Ratio Decidendi
The court accepted the probation report as favourable, found that the applicants were receptive to rehabilitation and remorseful, and held that they were eligible for early release. On that basis, the court allowed sentence review and ordered their release forthwith unless otherwise lawfully held.
Court Disposition
Application allowed; applicants released forthwith.
Orders
- The applicants are released forthwith unless otherwise lawfully held.
- The Probation Officer Kibera shall ensure their reintegration back into society.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL REVISION NO. 91 OF 2026** BERNARD BENDE MAIKO………...………………..…………..…1ST APPLICANT CHRIS KYALLO MALONZA……...…………………………….…2ND APPLICANT VERSUS REPUBLIC……………………………………………….………..….RESPONDENT **RULING** 1. The applicants were convicted and after a full trial convicted for the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code. They were each sentenced to pay a fine of Kshs. 50,000 in default to serve twelve (12) months imprisonment. 2. They filed the present application seeking sentence review. The grounds raised in support of the application are that since his incarceration they have been rehabilitated. They urged the court to grant a non-custodial sentence. 3. A probation report was filed with respect to the applicants. According to the said report, the applicants has been receptive to rehabilitation while in prison and is remorseful for committing the offence. In addition, they have already spent eight (8) months years in prison. 4. The findings in the probation report are favourable and I accordingly find that he is eligible for early release having been rehabilitated. 5. The applicants are released forthwith unless otherwise lawfully held. The Probation Officer Kibera shall ensure their reintegration back into society. Orders accordingly. **Ruling dated and delivered virtually this 30th day of July 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**