https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8138
The court could not determine the Applicant’s entitlement to probation or community service on the existing material because there was a direct disagreement over the sentence already served and the remaining custodial term. It therefore called for the original trial file to ascertain the sentence imposed and whether...
Source-derived case information.
- Citation
- [2026] KEHC 8138 (KLR)
- Parties
- Applicant: Sarah Watiri Kamau; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E015 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Partial Ruling on Sentence Review/probation Application
- Outcome
- Partial ruling; matter deferred for record verification before final sentence review determination.
- Judges
- ["B Mwamuye"]
- Legal Topics
- Sentence Review, Probation or Community Service, Custodial Sentence Computation, Section 333(2) CPC, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Watiri Kamau
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Partial Ruling on Sentence Review/probation Application
Legal Issues
- 1 Whether the Applicant had served a sufficient portion of her custodial sentence to warrant probation or community service.
- 2 What the correct remaining custodial term is, and whether Section 333(2) of the Criminal Procedure Code was applied by the trial court.
- 3 Whether the court can issue a final ruling without reviewing the original High Court Criminal Case No. E045 of 2021.
Ratio Decidendi
The court could not determine the Applicant’s entitlement to probation or community service on the existing material because there was a direct disagreement over the sentence already served and the remaining custodial term. It therefore called for the original trial file to ascertain the sentence imposed and whether Section 333(2) of the Criminal Procedure Code had been applied, deferring final determination until that record was before the court.
Court Disposition
Partial ruling; matter deferred for record verification before final sentence review determination.
Orders
- Kiambu HCCR Case No. E045 of 2021 to be placed before the Judge in Chambers.
- Substantive ruling fixed for 25/06/2026.
Full Case Text
Judgment text and source record
1 paragraphs
Kamau v Republic (Miscellaneous Criminal Application E015 of 2026) [2026] KEHC 8138 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 8138 (KLR) Republic of Kenya In the High Court at Kiambu Miscellaneous Criminal Application E015 of 2026 B Mwamuye, J June 10, 2026 IN THE MATTER OF: THE CONSTITUTION OF KENYA, 2010 ARTICLES 2(5)(6), 2091)(2)(3), 22(1), 23(1)(3)(d), 24(1)(d), 27, 47, 48, 50(1), 53(1)(e)), 159(2)(a), 165(d)(i), 258(1), 259(1)(a)(b)(c) AND IN THE MATTER OF: PROBATION OF OFFENDERS ACT, CAP 64, LAWS OF KENYA, SECTION 4(1)(2), 5, 12. AND IN THE MATTER OF: PERSONS DEPRIVED OF LIBERTY ACT, 2014 SECTION 5 AND 7 AND IN THE MATTER OF: JUDICIARY’S PRISON DECONGESTION INITIATIVE (2024). AND IN THE MATTER OF: JUDICATURE ACT, CAP 8, LAWS OF KENYA, SECTION 3. AND IN THE MATTER OF: CONSIDERATION OF UNITED NATIONS MINIMUM RULES FOR NON-CUSTODIAL MEASURES (TOKYO RULES) PARAGRAPH 2. AND IN THE MATTER OF: CRIMINAL CASE NO.E045 OF 2021 AT KIAMBU HIGH COURT Between Sarah Watiri Kamau Applicant and Republic Respondent Ruling 1.Before the court is the Applicant’s Notice of Motion application dated 23/01/2026 by which the Applicant seeks to serve what she says is the remaining period of her custodial sentence being two (2) years and five(5) months under Probation or Community Service. 2.At the mention of 30/04/2026 a Probation Report was asked for and a Hearing date of 08/06/2026 fixed. 3.A Probation Report in the form of the Sentence Review Report dated 19/05/2026 was submitted to court in which the Applicant was stated to have served eleven (11) months out of a ten (10) year sentence for the offence of Murder in Kiambu HCCR. Case No.E045 of 2021. 4.At the Hearing of 08/06/2026, the Respondent opposed the release of the Applicant on the grounds that the Applicant had not served a significant period of her sentence. On her part the Applicant reiterated the grounds set out in her application. 5.The parties and her Sentence Review Report are not in agreement as to what position of the Applicant’s sentence remains to be served. The Applicant avers that having been in custody since 2021 August, she has a remainder of about two (2) years and five (5) months whereas the Report of the Respondent take a view that eleven (11) months only has been served, leaving about nine (9) years and four (4) months remaining. 6.To ascertain the correct position, this Court calls for Kiambu HCCR. Case No.E045 of 2021 so that the court can ascertain the correct position and satisfy itself as to whether Section 333(2) of the Criminal Procedure Code(CPC) was applied to the sentence and therefore what was the custodial term fixed by the Trial Court.Only then can this Court issue a comprehensive Ruling. 7.Consequently, this partial Ruling;a.Calls for Kiambu HCCR. Case No.E045 of 2021 to be placed before this Judge in Chambers; and,b.Fixes a substantive Ruling date of 25/6/2026.Orders accordingly. DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS 10TH DAY OF JUNE , 2026.......................BAHATI MWAMUYE MBSJUDGEIn the presence of:For the Applicant ……………………………………………..For the Respondent ………………………………………………….Court Assistant - Martin