The file was brought up for Revision of the sentence.
The Accused person pleaded guilty to the two charges of
- Threatening to kill contrary to Section 223 (1) of the Penal Code, and
- Creating disturbance in a manner likely to cause a breach of the peace contrary to Section 9(1)(B) on 19th May 2023.
The Applicant was adjudged guilty of the two charges and sentenced to a dine of Kshs 20,000 in count 1, in default one year imprisonment, and in count 2, a fine of Kshs 10,000 in default, 6 months imprisonment.
At the hearing of the revision on 22nd February 2024, the learned counsel for the Respondent said he had no submission and left it to the discretion of the court. The Court also noted the defendant was about to complete the sentence.
My view is as follows; under Sections 362 to 364 of the Criminal Procedure Code, the High Court is imbued with wide powers to revise the sentence passed by the subordinate court.
I have closely studied the judgment and the impugned sentence.
From the sentence review report, the applicant was then aged 20 years, pleaded for leniency and promised to be careful in future, and abide by all non-custodial rules.
The court also noted that he is a person with special needs as he appears to have mental health challenges.
At the hearing, he promised the Court that he was reformed and will abstain from consumption of alcohol.
This court has considered the time spent in prison and the court is satisfied that this is a suitable case for revision. In the result the sentence is revised and the applicant is placed on probation for a period of two years in each of the two counts. The sentences to run concurrently.
It is so ordered.