[2023] KEHC 19810 (KLR)
The court found that the applicant had not yet been interviewed by the probation officer and that a sentence review report was necessary for proper consideration of the application for sentence revision. The court therefore directed that the report be prepared and filed within seven days to enable a just...
Source-derived case information.
- Citation
- [2023] KEHC 19810 (KLR)
- Parties
- Applicant: Benard Bosire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E078 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Report Direction
- Outcome
- Sentence review report to be prepared and filed within 7 days; no final determination on sentence revision at this stage.
- Judges
- WA Okwany
- Legal Topics
- Possession of Alcoholic Drinks, Sentencing, Sentence Review, Alcoholic Drinks Control Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Bosire
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Report Direction
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of the lack of a probation officer's report.
- 2 Whether the applicant was properly included in the process for sentence review.
Ratio Decidendi
The court found that the applicant had not yet been interviewed by the probation officer and that a sentence review report was necessary for proper consideration of the application for sentence revision. The court therefore directed that the report be prepared and filed within seven days to enable a just determination of the application.
Court Disposition
Sentence review report to be prepared and filed within 7 days; no final determination on sentence revision at this stage.
Orders
- The County Probation Director is directed to prepare and file a Sentence Review Report in court within 7 days from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Bosire v Republic (Criminal Revision E078 of 2023) [2023] KEHC 19810 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19810 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E078 of 2023
WA Okwany, J
June 29, 2023
Between
Benard Bosire
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E009 of 2023 by Hon. B.M. Kimutai, Principal Magistrate on 5th January 2023)
Ruling
1. The Applicant was convicted of the offence of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court sentenced him to pay a fine of Kshs 20,000/= or serve 6 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 22, 2023 indicates that the Applicant is yet to be interviewed by the Probation Officer as he was not included in the list. It is hereby directed that the Sentence Review Report be prepared and filed in Court for consideration within 7 days from the date of this Ruling.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE