[2023] KEHC 19609 (KLR)
The court found that, given the applicant's plea of guilty, the minor nature of the offence, the period already served in custody, and the positive recommendation from the Probation Officer for a non-custodial sentence, it was just to substitute the remaining custodial sentence with a Community Service Order. The...
Source-derived case information.
- Citation
- [2023] KEHC 19609 (KLR)
- Parties
- Applicant: Sylvia Bosibori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; applicant to serve Community Service Order for remainder of sentence.
- Judges
- WA Okwany
- Legal Topics
- Plea of Guilty, Sentencing Review, Alcoholic Drinks Control, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvia Bosibori
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant was appropriate in light of the circumstances and the recommendation for a non-custodial sentence.
- 2 Whether the applicant should serve the remainder of her sentence under a Community Service Order.
Ratio Decidendi
The court found that, given the applicant's plea of guilty, the minor nature of the offence, the period already served in custody, and the positive recommendation from the Probation Officer for a non-custodial sentence, it was just to substitute the remaining custodial sentence with a Community Service Order. The court exercised its revisionary powers to ensure the sentence was proportionate and rehabilitative, rather than punitive, in line with sentencing policy and statutory provisions.
Court Disposition
Sentence revised; applicant to serve Community Service Order for remainder of sentence.
Orders
- The applicant shall serve a Community Service Order at Tente Primary School under the supervision of the Headteacher for the remaining part of the sentence.
Full Case Text
Judgment text and source record
19 paragraphs
Bosibori v Republic (Criminal Revision E024 of 2023) [2023] KEHC 19609 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19609 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E024 of 2023
WA Okwany, J
June 29, 2023
Between
Sylvia Bosibori
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted on her own plea of guilty for the offence of dealing with alcoholic drinks without a licence contrary to section 7 (1) (b) as read with section 34 (a) of the Alcoholic Drinks Control Act No 4 of 2010. The particulars of the offence were that on April 12, 2023, at Township location in Nyamira South sub-county within Nyamira County was found dealing with alcoholic drinks namely chang’aa to wit, 1. 5 litres without license issued under the said Act.
2. The trial court sentenced her to pay Kshs 10,000/= fine or in default, to serve 6 months imprisonment. The Applicant has already served 40 days in custody. The Sentence Review Report filed on June 13, 2023 by Edwin Kimaiyo, the Probation Officer recommends a non-custodial sentence.
3. I hereby direct that the Applicant serves a Community Service Order at the Tente Primary School under the supervision of the school Headteacher for the remaining part of the sentence meted by the trial court.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE