(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E417 of 2023 by Hon. C. W Waswa, Senior Resident Magistrate on 17th May 2023)
The Applicant was convicted on his own plea of guilty for the offence of threatening to kill contrary to Section 223 (1) of the Penal Code Act in the first count and creating disturbance in a manner likely to cause a breach of peace contrary to Section 95 (1) (b) of the Penal Code in the second count. The trial court sentenced him to pay a fine of Kshs. 100,000/= or in default, to serve two years’ imprisonment for the first count and a fine of Kshs. 10,000/= or in default to serve one year’s imprisonment. The Applicant has served 10 months of his sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Samwel Chuma recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Ibucha Assistant Chief’s Office under the supervision of the Assistant Chief for the remaining period of 6 months.
Orders accordingly.
DATED and DELIVERED at NYAMIRA on this 30th day of MAY 2024.