This matter coming up for review under decongestion exercise in the presence of parties. The court has examined the trial record, perused the recommendation from the probation department and heard submissions from the Prosecution Counsel. The offender was charged with the offence of threatening to kill contrary to Section 223(1) of the Penal Code. He was convicted on his own plea of guilty and fined Kshs. 50,000.00 in default to serve a sentence of two years to run from 3 February 2025. He has been unable to pay the fine and has been in jail for a period of one year and four months. He is due to be released in a month’s time.
It Is Hereby Ordered:
1. That the Applicant has served a significant part of the sentence.
2. That the court guided by the sentencing policy guidelines and the decongestion policy has considered the time already spent in custody and hereby reviews the sentence to the time spent in custody;
3. That the sentence be and is hereby reviewed to the time already spent in custody and the applicant is hereby released forthwith.
4. That file is hereby closed.
Given under my hands and seal of this Honorable Court at Nairobi this 26th day of May 2026
It Is Hereby Ordered:
1. That the Applicant has served a significant part of the sentence.
2. That the court guided by the sentencing policy guidelines and the decongestion policy has considered the time already spent in custody and hereby reviews the sentence to the time spent in custody;
3. That the sentence be and is hereby reviewed to the time already spent in custody and the applicant is hereby released forthwith.
4. That file is hereby closed.
Given under my hands and seal of this Honorable Court at Nairobi this 26th day of May 2026