[2024] KEHC 6891 (KLR)
The court found that the applicant, being a first offender and a single mother of five children who are now in the custody of friends, had already served two months in prison and was remorseful. The Community Service Officer recommended a non-custodial sentence, and the prosecution did not object to probation. The...
Source-derived case information.
- Citation
- [2024] KEHC 6891 (KLR)
- Parties
- Applicant: Jecinta Balaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E015 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- prison sentence reviewed and reduced to period already served; applicant to be released forthwith
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Review, Traditional Liquor Offences, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jecinta Balaga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the prison sentence imposed on the applicant for selling traditional liquor without a permit should be reviewed and reduced.
- 2 Whether the applicant qualifies for a non-custodial sentence such as community service or probation.
Ratio Decidendi
The court found that the applicant, being a first offender and a single mother of five children who are now in the custody of friends, had already served two months in prison and was remorseful. The Community Service Officer recommended a non-custodial sentence, and the prosecution did not object to probation. The court determined that the period already served constituted adequate punishment in the circumstances and that further incarceration was unnecessary. Accordingly, the prison sentence was reviewed and reduced to the period already served, and the applicant was ordered to be released forthwith unless otherwise lawfully held.
Court Disposition
prison sentence reviewed and reduced to period already served; applicant to be released forthwith
Orders
- The prison sentence imposed on the applicant is reduced to the period already served up to 4th April 2024.
- The applicant shall be released from prison custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Balaga v Republic (Criminal Revision E015 of 2024) [2024] KEHC 6891 (KLR) (4 April 2024) (Ruling)
Neutral citation: [2024] KEHC 6891 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E015 of 2024
GMA Dulu, J
April 4, 2024
Between
Jecinta Balaga
Applicant
and
Republic
Respondent
Ruling
1. This is a request to review prison sentence dated 12th March, 2024 relating to the sentence imposed by the trial court on the Applicant Jecinta Balaga in Voi CM Criminal Case No. E030 of 2024.
2. I have not been availed the trial court file, but from the sentence review report filed by David M. Gakuru the Community Service Officer on 02/04/2024, the Applicant was sentenced to imprisonment for selling traditional liquor without a permit to wit 7 liters, and currently has with two (2) more months to serve in prison
3. It is evident from the report that she is a first offender, and a single mother to five (5) children who depend on her and are now in the custody of friends. The Applicant has already been in custody for two (2) months now and is remorseful. The community Service Officer recommends lowering the sentence to community service.
4. On his part, Mr. Sirima, the learned Prosecuting Counsel does not object to the applicant being released on probation though the Community Service Officer has recommended that she serves the remaining two months on Community Service at Bondeni Nursery school.
5. Having myself considered the facts and circumstances of this matter, I am of the view that the period of imprisonment already served by the applicant is adequate punishment. I will therefore release her from prison.
6. Consequently, and for the above reasons, I review the prison sentence herein imposed, and order that the prison sentence is hereby reduced to the period already served by the applicant up to today. The applicant will thus be released from prison custody forthwith unless otherwise lawfully held.
DATED, SIGNED AND DELIVERED THIS 04TH DAY OF APRIL 2024 AT VOI IN THE OPEN COURT VIRTUALLYGEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantsApplicant – virtualMr. Sirima for State