[2013] KEHC 1427 (KLR)
The court found that the applicant, having pleaded guilty, served part of her sentence, and demonstrated remorse as evidenced by the probation officer's report, was a suitable candidate for a community service order. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to...
Source-derived case information.
- Citation
- [2013] KEHC 1427 (KLR)
- Parties
- Applicant: Caroline Chebet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 223 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised and substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Possession of Alcohol Without Licence, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Caroline Chebet
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.
- 2 Whether the applicant qualifies for substitution of the custodial sentence with a community service order.
Ratio Decidendi
The court found that the applicant, having pleaded guilty, served part of her sentence, and demonstrated remorse as evidenced by the probation officer's report, was a suitable candidate for a community service order. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to community service, considering the applicant's personal circumstances and the rehabilitative purpose of sentencing.
Court Disposition
sentence revised and substituted with community service order
Orders
- The sentence by the trial court is altered and substituted with an order for the applicant to perform community service for 15 days at Cheptagum Primary School under the area assistant chief.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 223 OF 2013
(Being A Revision in the Conviction and Sentence on 3. 09. 2013 by the Honourable V. Karanja Acting Senior Resident Magistrate at Bomet in Criminal Case No. 833 of 2013)
CAROLINE CHEBET…….............................APPLICANT
-VERSUS-
REPUBLIC.....................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
This is the ruling in an application for revision under Sections 362 and 364 of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, and under Section 8(2) of the Community Service Orders Act, 1998. The applicant is Caroline Chebet who was charged with the offence of being in possession of alcoholic drinks without a licence contrary to Section 27(1) and (2) as read with Section 34(a) of the Alcoholic Drinks Control Act No. 4 of 2010 of the Laws of Kenya in the Acting Senior Resident Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate on 3. 09. 2013 convicted and sentenced her to a fine of Kshs.3, 000. 00 or to serve 3 months imprisonment. She has served 1 month imprisonment.
The probation officer has filed a report in view of the application for revision now before this court. The report indicates that the applicant is performing duties of general cleanliness at the prison. The report states that the applicant is remorseful; and she is a single mother. The court considers that the applicant has discovered the essence of being a good and law abiding citizen.
In conclusion, the sentence by the honourable trial court is altered and substituted with the order for the applicant to perform community service for 15 days at the Cheptagum Primary School under the area assistant chief.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE