[2021] KEHC 470 (KLR)

[2021] KEHC 470 (KLR)

The court found that the applicant, having served slightly over one month of her custodial sentence for possession of alcoholic drinks without a licence, had demonstrated a changed attitude and was therefore suitable for a non-custodial sentence. The court exercised its discretion to revise the sentence, placing the...

Source-derived case information.

Citation
[2021] KEHC 470 (KLR)
Parties
Applicant: Annah Ngetich; Respondent: Republic
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Criminal Revision E112 of 2021
Procedural Posture
Criminal Revision / Ruling
Outcome
Sentence revised; applicant placed on community service order for one month under supervision.
Judges
AN Ongeri
Legal Topics
Sentencing, Possession of Alcohol Without Licence, Alcoholic Drinks Control Act, Non Custodial Sentence
Source Language
en
Criminal Law Sentencing Possession of Alcohol Without Licence Alcoholic Drinks Control Act Non Custodial Sentence

Source-derived case record

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Parties

Annah Ngetich

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the applicant should continue serving a custodial sentence for possession of alcoholic drinks without a licence.
  2. 2 Whether the applicant is suitable for a non-custodial sentence.

Ratio Decidendi

The court found that the applicant, having served slightly over one month of her custodial sentence for possession of alcoholic drinks without a licence, had demonstrated a changed attitude and was therefore suitable for a non-custodial sentence. The court exercised its discretion to revise the sentence, placing the applicant on community service at the office of the Assistant Chief for a period of one month under supervision, in lieu of further imprisonment.

Court Disposition

Sentence revised; applicant placed on community service order for one month under supervision.

Orders

  • The applicant is placed on community service order at the office of the Assistant Chief, Chepseon Sub-Location, Mr. Charles Yegon, for a period of one month.
  • The Area Assistant Chief, Mr. Charles Yegon, shall supervise the applicant during the period of community service.