[2021] KEHC 514 (KLR)
The court found that the Sentence Review Report was not favourable to the applicant and determined that she was not suitable for release on a community service order. Consequently, the court declined to revise the sentence and ordered that the applicant serve the remainder of her custodial sentence as originally...
Source-derived case information.
- Citation
- [2021] KEHC 514 (KLR)
- Parties
- Applicant: Bett Chepkorir Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E119 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision dismissed; applicant to serve remainder of sentence in custody
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Alcohol Control Offences, Licensing Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bett Chepkorir Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is suitable for release on community service order (CSO).
- 2 Whether the sentence imposed for dealing with alcoholic drinks without a licence should be revised.
Ratio Decidendi
The court found that the Sentence Review Report was not favourable to the applicant and determined that she was not suitable for release on a community service order. Consequently, the court declined to revise the sentence and ordered that the applicant serve the remainder of her custodial sentence as originally imposed for dealing with alcoholic drinks without a licence.
Court Disposition
application for revision dismissed; applicant to serve remainder of sentence in custody
Orders
- The applicant will serve the remainder of her sentence in custody.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION NO.E119 OF 2021
BETT CHEPKORIR LANGAT….……………………………….…..APPLICANT
VERSUS
REPUBLIC………....…………..……………………………….…..RESPONDENT
REVISION RULING
1. The Applicant BETT CHEPKORIR LANGAT was fined a total of Kshs.40,000 for two counts on 4/10/2021 and in default she was to serve a total of 4 months imprisonment.
2. The two counts were dealing with Alcoholic Drinks for sale without a licence contrary to section 7 (1) (b) as read with section 62 of the Alcoholic Control Act No.4 of 2010. In the first count she was dealing with five liters Changaa and the second count 20 liters of Busaa.
3. The Sentence Review Report is not favourable and I find that the Applicant is not suitable for release on CSO.
4. The Applicant will serve the remainder of her sentence in custody.
Delivered, dated and signed at Kericho this 20th day of December 2021.
A. N. ONGERI
JUDGE