https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12649

Mutua v Republic (Criminal Revision E167 of 2026) [2026] KEHC 12649 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12649 (KLR) Republic of Kenya In the High Court at Mombasa Criminal Revision E167 of 2026 WM Kagendo., J July 31, 2026 Between Patrick Mutua Applicant and The Republic Respondent (Arising from Mombasa Chief Magistrate's Court Criminal Case No. MCCRC/E331/2026. The matter was placed before this Court pursuant to the prison decongestion exercise.) Ruling 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 Applicant was convicted by the trial court on two counts. On the first count, he was convicted of the offence of stealing contrary to section 268(1) as read with section 275 of the Penal Code. On the second count, he was convicted of handling stolen property contrary to section 322(1) as read with section 322(2) of the Penal Code. He was sentenced to one (1) year's imprisonment on each count, the sentences to run concurrently. 4.The Pre-Sentence Report dated 3rd March 2026 indicates that the Applicant has a previous conviction for which he was sentenced to six (6) months' imprisonment. The report further notes that he attempted to justify his criminal conduct. Although he pleaded guilty to both counts in the present case and attributed his actions to unemployment and lack of income, the report records that he expressed remorse for the offences. 5.The report nevertheless recommends against the imposition of a non-custodial sentence. It observes that, owing to the Applicant's health challenges, he would be unable to undertake the labour-intensive activities ordinarily associated with community service. 6.I have considered the record and the recommendation contained in the Pre-Sentence Report. While the Applicant has expressed remorse, he is a repeat offender who did not desist from criminal conduct after serving a previous custodial sentence. Financial hardship or unemployment cannot justify the commission of criminal offences. The Applicant's previous conviction, coupled with his subsequent re-offending, demonstrates a significant risk of recidivism. In the circumstances, I am not persuaded that he is a suitable candidate for release under the prison decongestion programme. 7.Consequently, the application is declined. 8.It is so ordered. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026.WENDY K. MICHENIJUDGEHIGH COURT OF KENYA AT MOMBASASigned by/for:HON. LADY JUSTICE WENDY MICHENIMOMBASA HIGH COURT