REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDAMA RAVINE (SUB-REGISTRY)
HCCRREV NO. E008 OF 2026
PETER MACHARIA MWANGI………. …………….……..… APPLICANT
VERSUS
REPUBLIC………………….…………..…….…..……….. PROSECUTION
RULING
1) The Applicant was charged with threatening to kill contrary to section 223(1) of the Penal Code.
2) The charge sheet says he was arrested on 12/5/2025.
3) The matter was heard in full and on 10/3/2026 he was found guilty as charged.
4) A Pre -sentence report was sought for by the trial court.
5) On 17/3/2026, he was sentenced to pay fine Ksh. 300,000/= in default to serve 2 years imprisonment.
6) He has filed this application dated 8/7/2026 seeking sentence review under section 333(2) of the Criminal Procedure Code, and Article 50(2) (p) & (q) of the Constitution.
7) The application is supported by this affidavit sworn on 8/7/2026. He depones:-
“2. THAT,, I am the applicant herein and was initially arraigned in court and charged before SPM’s Court at Eldama Ravine to serve two (02) years imprisonment on 17/03/2026 for the offence of threatening to kill contrary to section 223 (1) of the Penal Code.
3. THAT, I pray that the time spent in remand of FIVE (05) months and TWO (02) days during case pre-trial to be considered part of the sentence.”
8) I have perused the application. The issue is whether the application has any merit.
9) Article 50(2) (p) & (q) of the Constitution provide that a person should benefit from the least severe of the prescribed sentence – where the sentence may have changed between the time offence was committed and time of sentence and of convicted. and to a review by a higher court as prescribed by law –
10) In this case – the matter was determined by the subordinate court – it is evident that the applicant was in custody from 12/9/2025 to 17/3/2026 when he was sentenced. Section 333(2) of the Criminal Procedure Code is couched in mandatory terms.
11) I have perused the record – and I did not see anywhere the trial Magistrate indicated that he had taken into account the period the applicant had been in pretrial custody in determining default sentence of imprisonment.
12) In the circumstances I find this suitable case for review – the applicant’s sentence is revised thus:-
Fine Ksh. 300000/=.in default 2 years imprisonment with effect from 12/9/2025.
13) Orders Accordingly.
14) File closed
RULING dated, signed and delivered at Kabarnet High Court this 31 st July 2026.
MUMBUA T MATHEKA
JUDGE
Page 2 of 4 RULING – HCCRREV NO. E008/2026
IN THE HIGH COURT OF KENYA AT ELDAMA RAVINE (SUB-REGISTRY)
HCCRREV NO. E008 OF 2026
PETER MACHARIA MWANGI………. …………….……..… APPLICANT
VERSUS
REPUBLIC………………….…………..…….…..……….. PROSECUTION
RULING
1) The Applicant was charged with threatening to kill contrary to section 223(1) of the Penal Code.
2) The charge sheet says he was arrested on 12/5/2025.
3) The matter was heard in full and on 10/3/2026 he was found guilty as charged.
4) A Pre -sentence report was sought for by the trial court.
5) On 17/3/2026, he was sentenced to pay fine Ksh. 300,000/= in default to serve 2 years imprisonment.
6) He has filed this application dated 8/7/2026 seeking sentence review under section 333(2) of the Criminal Procedure Code, and Article 50(2) (p) & (q) of the Constitution.
7) The application is supported by this affidavit sworn on 8/7/2026. He depones:-
“2. THAT,, I am the applicant herein and was initially arraigned in court and charged before SPM’s Court at Eldama Ravine to serve two (02) years imprisonment on 17/03/2026 for the offence of threatening to kill contrary to section 223 (1) of the Penal Code.
3. THAT, I pray that the time spent in remand of FIVE (05) months and TWO (02) days during case pre-trial to be considered part of the sentence.”
8) I have perused the application. The issue is whether the application has any merit.
9) Article 50(2) (p) & (q) of the Constitution provide that a person should benefit from the least severe of the prescribed sentence – where the sentence may have changed between the time offence was committed and time of sentence and of convicted. and to a review by a higher court as prescribed by law –
10) In this case – the matter was determined by the subordinate court – it is evident that the applicant was in custody from 12/9/2025 to 17/3/2026 when he was sentenced. Section 333(2) of the Criminal Procedure Code is couched in mandatory terms.
11) I have perused the record – and I did not see anywhere the trial Magistrate indicated that he had taken into account the period the applicant had been in pretrial custody in determining default sentence of imprisonment.
12) In the circumstances I find this suitable case for review – the applicant’s sentence is revised thus:-
Fine Ksh. 300000/=.in default 2 years imprisonment with effect from 12/9/2025.
13) Orders Accordingly.
14) File closed
RULING dated, signed and delivered at Kabarnet High Court this 31 st July 2026.
MUMBUA T MATHEKA
JUDGE
Page 2 of 4 RULING – HCCRREV NO. E008/2026