Gill v Republic (Criminal Revision E060 of 2026) [2026] KEHC 8758 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 8758 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E060 OF 2026 DR KAVEDZA, J JUNE 23, 2026 BETWEEN ARVINDER SINGH GILL ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant was charged and, after a full trial, convicted of the offence of assault causing actual bodily harm contrary to section 251 of the Penal Code and giving false information to a person employed in public service contrary to section 129(a) of the Penal Code. He was sentenced to serve one (1) year imprisonment and a suspended sentence of six (6) months. 2. The Applicant has now moved this Court for sentence review. He contends that he suffers from a mental health condition for which he is under ongoing medical care and assessment at Mathari National Teaching and Referral Hospital. He further argues that the trial court erred in failing to consider a non-custodial option, including a fine, and urges this Court to interfere with the sentence imposed. 3. The respondent filed a notice of no opposition to the application dated 26th May 2026. 4. I have considered the application and the circumstances disclosed. It is evident that the Applicant is undergoing medical management for a mental condition and is under active clinical review. This is a relevant consideration in determining an appropriate sentencing disposition, particularly where rehabilitation and continued treatment can be effectively achieved in the community under supervision. 5. In the circumstances, I am persuaded that a non-custodial sentence is appropriate. The custodial element of the sentence is hereby set aside and substituted with a non-custodial sentence. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8758/eng@2026-06-23 1
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6. Accordingly, the Applicant shall undergo counselling and a progress report shall be filed in Court within six (6) months. The Applicant is hereby placed on probation for a period of six (6) months under the supervision of the Kibera Probation Officer. Orders accordingly. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF JUNE 2026 ________________ D. KAVEDZA JUDGE In the presence of: Applicant Present Mr. Mutuma for the Respondent Karimi Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8758/eng@2026-06-23 2
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