[2025] KEHC 5997 (KLR)
The court found that the applicant, having shown good conduct, participated in rehabilitation programs, and having the support of his family, met the criteria for sentence review under the Chief Justice Memo on prison decongestion. The probation report was favourable, and the court determined that a non-custodial...
Source-derived case information.
- Citation
- [2025] KEHC 5997 (KLR)
- Parties
- Applicant: Dickson Musisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 9 of 2025
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Application for sentence review allowed; custodial sentence substituted with probation.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Probation Orders
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Musisi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is suitable for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant should be granted a non-custodial sentence.
Ratio Decidendi
The court found that the applicant, having shown good conduct, participated in rehabilitation programs, and having the support of his family, met the criteria for sentence review under the Chief Justice Memo on prison decongestion. The probation report was favourable, and the court determined that a non-custodial sentence was appropriate to facilitate the applicant's reintegration into society. Accordingly, the applicant was released on probation for six months and directed to report to the Dagoretti Probation Office.
Court Disposition
Application for sentence review allowed; custodial sentence substituted with probation.
Orders
- The applicant is released on probation for a period of six months.
- The applicant is directed to report to Dagoretti Probation Office.
Full Case Text
Judgment text and source record
20 paragraphs
Musisi v Republic (Criminal Revision 9 of 2025) [2025] KEHC 5997 (KLR) (14 May 2025) (Ruling)
Neutral citation: [2025] KEHC 5997 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 9 of 2025
DR Kavedza, J
May 14, 2025
Between
Dickson Musisi
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Dickson Musisi is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was charged and convicted for the offence of stealing contrary to section 268 as read with section 275 of the Penal Code. He was sentenced to serve one-year imprisonment.
3. As for his conduct in prison, the applicant has attended a number of trainings and counselling sessions, which have been instrumental in his rehabilitation process. The applicant’s family is also committed to helping him effectively rehabilitate and ensure successful reintegration into the community.
4. In view of the foregoing, it is my finding that the applicant is eligible for early release as the report found in his favour. In my view, the applicant is eligible to a non-custodial sentence.
5. Consequently, the applicant is released on Probation for a period of six months. The applicant is directed to report to Dagoretti Probation Office.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 14THDAY OF MAY 2025D. KAVEDZAJUDGE