[2019] KEHC 6264 (KLR)
The court found that the fine of Kshs. 80,000 imposed on the applicant was excessive given her financial circumstances, her status as a widow, and her responsibility for six young children. The court was satisfied, based on the Probation Officer's Report, that the applicant deserved an opportunity to reform....
Source-derived case information.
- Citation
- [2019] KEHC 6264 (KLR)
- Parties
- Applicant: Caroline Akinyi Aloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 19 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; custodial and monetary sentence set aside; community service order imposed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Alcoholic Drinks Control, Plea of Guilty, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Akinyi Aloo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in the circumstances of the applicant.
- 2 Whether the applicant deserved a revision of sentence based on her personal circumstances.
Ratio Decidendi
The court found that the fine of Kshs. 80,000 imposed on the applicant was excessive given her financial circumstances, her status as a widow, and her responsibility for six young children. The court was satisfied, based on the Probation Officer's Report, that the applicant deserved an opportunity to reform. Accordingly, the court exercised its revisionary jurisdiction to set aside the custodial and monetary sentence and substituted it with a community service order, finding this to be a more just and rehabilitative approach under the circumstances.
Court Disposition
sentence revised; custodial and monetary sentence set aside; community service order imposed
Orders
- The sentence of a fine of Kshs. 80,000 in default 1 year imprisonment is set aside.
- The applicant shall serve unpaid community service at the Office of Assistant Chief, Yenga Sub-location for six (6) months from the date of her release from jail.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 19 OF 2019
(CORAM: HON. R.E. ABURILI - J)
CAROLINE AKINYI ALOO...........................................APPLICANT
AND
REPUBLIC.....................................................................RESPONDENT
(An application for revision of sentence imposed by Ukwala SRM’s Court
in Cr Case No. 207 of 2019 delivered on 10th June 2019)
RULING
1. I have considered the Applicant/Convict’s Application for Revision of Sentence. She was convicted on 10/6/2019, on her own Plea of guilty for the offence of manufacturing of alcoholic drinks contrary to Section 32 (1)(b) as read with Section 8 of the Alcoholic Drinks Control Act of 2010.
2. The trial court sentenced her to pay a fine of Kshs. 80,000/= in default, to serve 1 year imprisonment.
3. I have considered the application for Revision of Sentence filed on 11/6/2019.
4. I have also considered the Probation Officer’s Report signed by Catherine Amimo on 29th June 2019. I am satisfied that the Convict/Applicant deserves a chance to reform. She has 6 young children who depend on her. She is a widow.
5. The fine imposed on her is beyond her reach.
6. In the premises, I set aside the sentence meted out on the Applicant/Convict. I substitute it with an order that the Applicant/Convict shall serve unpaid community service at the Office of Assistant Chief, Yenga Sub-location for a period of six (6) months from the date of her release from jail.
Dated, Signed and Delivered at Siaya, this 2nd Day of July 2019.
R.E. ABURILI
JUDGE