1. The Applicant, Daniel Kiprotich Ngetich, was charged with threatening to kill, contrary to Section 223(1) of the Penal Code. The particulars were that on 28th September 2024, at around 6:39 p.m., at Chesise Village, Belgut Sub-County within Kericho County, he unlawfully uttered the words "oistengei amache abar weri" — translating to "move aside, I want to kill this person" — thereby threatening to kill Willy Kipsang Ngetich.
2. Upon conclusion of the trial, the Applicant was found guilty and sentenced to five (5) years' imprisonment. He has remained in custody since the date of sentencing.
3. The prosecution opposed the application, submitting that the trial court properly exercised its sentencing discretion. The offence of threatening to kill carries a maximum sentence of ten years, and the five-year term imposed fell well within that range. The Applicant had not demonstrated that the sentence was excessive or that his mitigation had been disregarded, and while his claimed reform was commendable, this was not the proper forum in which to raise matters of mitigation.
4. The prosecution accordingly prayed that the sentence stand and the application be dismissed as an abuse of the court process.
5. The Court called for a Probation and Aftercare Report and has considered the Applicant's application for review of sentence together with the Sentence Review Report prepared by the Probation and Aftercare Service, as well as the objections raised by the prosecution.
6. The report indicates that the Applicant is married with children and is a peaceful person. He acts as a caregiver to his grandchildren, whom he supports, though he has a strained relationship with his brothers, one of whom is the complainant.
7. The report further indicates that, while serving his sentence, the Applicant has shown exemplary behavioural improvement and has been commended by correctional officers. He has developed strong problem-solving skills and has resolved to embrace peace at home. He has acquired artisan skills, turned his attention to spiritual matters, and actively participated in an intensive series of character-development counselling sessions facilitated by the prison's rehabilitation department. He wishes to reunite with his family.
8. He is remorseful for his actions and fully acknowledges the consequences of his past conduct. He has a supportive family system, presents as positive, and indicates that he has reformed. His family is ready to support his reintegration and rehabilitation into the community.
9. I am alive to the fact that the Applicant was convicted of the offence stated above, and that the custodial sentence imposed by the trial court was lawful and appropriate in the circumstances at the time. However, sentencing serves multiple objectives — punishment, deterrence, rehabilitation, protection of the public, and restorative justice. Where subsequent developments demonstrate that an offender has substantially benefited from rehabilitation and is suitable for supervised reintegration into society, the Court is entitled to consider whether the remaining custodial term continues to serve those objectives.
10. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation, and the Probation Officer's assessment that he is suitable for a non-custodial sentence, I am satisfied that the interests of justice will be adequately served by converting the unexpired portion of the custodial sentence into a supervised probation order.
Accordingly, I find merit in the application.
Orders
a. The application for review of sentence is hereby allowed.
b. The unexpired portion of the Applicant's custodial sentence is hereby substituted with a probation order for the remainder of the sentence.
c. The Applicant shall report to the Probation and Aftercare Services office within 3 days of release
d. The Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of his sentence and shall comply with all lawful directions issued by the supervising Probation Officer.
e. The supervising Probation Officer shall monitor the Applicant's compliance with the probation order and shall file a report before this Court upon expiry of the probation period, or earlier in the event of any breach.
It is so ordered.
2. Upon conclusion of the trial, the Applicant was found guilty and sentenced to five (5) years' imprisonment. He has remained in custody since the date of sentencing.
3. The prosecution opposed the application, submitting that the trial court properly exercised its sentencing discretion. The offence of threatening to kill carries a maximum sentence of ten years, and the five-year term imposed fell well within that range. The Applicant had not demonstrated that the sentence was excessive or that his mitigation had been disregarded, and while his claimed reform was commendable, this was not the proper forum in which to raise matters of mitigation.
4. The prosecution accordingly prayed that the sentence stand and the application be dismissed as an abuse of the court process.
5. The Court called for a Probation and Aftercare Report and has considered the Applicant's application for review of sentence together with the Sentence Review Report prepared by the Probation and Aftercare Service, as well as the objections raised by the prosecution.
6. The report indicates that the Applicant is married with children and is a peaceful person. He acts as a caregiver to his grandchildren, whom he supports, though he has a strained relationship with his brothers, one of whom is the complainant.
7. The report further indicates that, while serving his sentence, the Applicant has shown exemplary behavioural improvement and has been commended by correctional officers. He has developed strong problem-solving skills and has resolved to embrace peace at home. He has acquired artisan skills, turned his attention to spiritual matters, and actively participated in an intensive series of character-development counselling sessions facilitated by the prison's rehabilitation department. He wishes to reunite with his family.
8. He is remorseful for his actions and fully acknowledges the consequences of his past conduct. He has a supportive family system, presents as positive, and indicates that he has reformed. His family is ready to support his reintegration and rehabilitation into the community.
9. I am alive to the fact that the Applicant was convicted of the offence stated above, and that the custodial sentence imposed by the trial court was lawful and appropriate in the circumstances at the time. However, sentencing serves multiple objectives — punishment, deterrence, rehabilitation, protection of the public, and restorative justice. Where subsequent developments demonstrate that an offender has substantially benefited from rehabilitation and is suitable for supervised reintegration into society, the Court is entitled to consider whether the remaining custodial term continues to serve those objectives.
10. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation, and the Probation Officer's assessment that he is suitable for a non-custodial sentence, I am satisfied that the interests of justice will be adequately served by converting the unexpired portion of the custodial sentence into a supervised probation order.
Accordingly, I find merit in the application.
Orders
a. The application for review of sentence is hereby allowed.
b. The unexpired portion of the Applicant's custodial sentence is hereby substituted with a probation order for the remainder of the sentence.
c. The Applicant shall report to the Probation and Aftercare Services office within 3 days of release
d. The Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of his sentence and shall comply with all lawful directions issued by the supervising Probation Officer.
e. The supervising Probation Officer shall monitor the Applicant's compliance with the probation order and shall file a report before this Court upon expiry of the probation period, or earlier in the event of any breach.
It is so ordered.