https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9216
The court found that the probation report demonstrated positive reform, participation in counselling and rehabilitation, and family support for reintegration. On that basis, the Applicant was suitable for a non-custodial sentence under the prison decongestion programme, so the remaining custodial term was...
Source-derived case information.
- Citation
- [2026] KEHC 9216 (KLR)
- Parties
- Applicant: Michael Omondi Alias Demore; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 63 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Under Prison Decongestion Initiative
- Outcome
- Application allowed; custodial sentence substituted with community service order
- Judges
- ["DR Kavedza"]
- Legal Topics
- Sentence Review, Prison Decongestion Initiative, Non Custodial Sentencing, Community Service Order, Rehabilitation and Reintegration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Omondi Alias Demore
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Under Prison Decongestion Initiative
Legal Issues
- 1 Whether the convict qualified for sentence review under the prison decongestion initiative
- 2 Whether the custodial sentence should be substituted with a non-custodial sentence
Ratio Decidendi
The court found that the probation report demonstrated positive reform, participation in counselling and rehabilitation, and family support for reintegration. On that basis, the Applicant was suitable for a non-custodial sentence under the prison decongestion programme, so the remaining custodial term was substituted with a Community Service Order.
Court Disposition
Application allowed; custodial sentence substituted with community service order
Orders
- The remainder of the custodial sentence is substituted with a Community Service Order for a period of eight (8) months.
- The Community Service Order shall be supervised by the Kibera Probation Officer.
Full Case Text
Judgment text and source record
1 paragraphs
Demore v Republic (Criminal Revision 63 of 2026) [2026] KEHC 9216 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9216 (KLR) Republic of Kenya In the High Court at Kibera Criminal Revision 63 of 2026 DR Kavedza, J June 30, 2026 Between Michael Omondi Alias Demore Applicant and Republic Respondent Ruling 1.This file was opened to determine whether the convict, Michael Omondi alias Demore, qualifies for sentence review under the prison decongestion initiative pursuant to the Chief Justice's Memo dated 7th December 2022. 2.The Applicant was convicted of assault causing actual bodily harm contrary to section 251 of the Penal Code and sentenced to three (3) years' imprisonment. The probation report shows that, while in custody, he has participated in counselling and rehabilitation programmes and has demonstrated positive reform. The report further indicates that his family is willing to support his reintegration into the community. 3.Having considered the probation report and the circumstances of the case, I am satisfied that the Applicant is suitable for a non-custodial sentence under the prison decongestion programme. 4.Accordingly, the remainder of the custodial sentence is substituted with a Community Service Order for a period of eight (8) months under the supervision of the Kibera Probation Officer.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF JUNE 2026D. KAVEDZAJUDGE