[2023] KEHC 26727 (KLR)
The court found that the trial magistrate failed to consider the period the applicant spent in custody before sentencing, which is a material factor in determining an appropriate sentence. The High Court held that had this period been considered, a lesser fine would have been imposed. The court therefore set aside...
Source-derived case information.
- Citation
- [2023] KEHC 26727 (KLR)
- Parties
- Applicant: Laura Chelangat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E122 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Revision of Sentence
- Outcome
- fine reduced and default imprisonment period adjusted
- Judges
- JK Sergon
- Legal Topics
- Sentencing Principles, Alcoholic Drinks Control, Mitigation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laura Chelangat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision of Sentence
Legal Issues
- 1 Whether the trial magistrate erred by failing to consider the period the applicant spent in custody before sentencing.
- 2 Whether the fine imposed was excessive in the circumstances.
Ratio Decidendi
The court found that the trial magistrate failed to consider the period the applicant spent in custody before sentencing, which is a material factor in determining an appropriate sentence. The High Court held that had this period been considered, a lesser fine would have been imposed. The court therefore set aside the original fine of Kshs 8,000 and substituted it with a fine of Kshs 5,000, or in default, 14 days imprisonment, with the sentence to run from the original date of sentence. The applicant, having already served 10 days of the default sentence, was ordered to serve the remaining 4 days only.
Court Disposition
fine reduced and default imprisonment period adjusted
Orders
- The fine of Kshs 8,000 imposed on the applicant is set aside and substituted with a fine of Kshs 5,000.
- In default of payment, the applicant shall serve 14 days imprisonment from the date of sentence (December 11, 2023).
Full Case Text
Judgment text and source record
22 paragraphs
Chelangat v Republic (Criminal Revision E122 of 2023) [2023] KEHC 26727 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26727 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E122 of 2023
JK Sergon, J
December 20, 2023
Between
Laura Chelangat
Applicant
and
Republic
Respondent
Ruling
1. The Deputy Registrar of this Court placed file No. Kericho CMCCRC No.3329 of 2023 – Republic -vs- Laura Chelangat before this Court for perusal under sections 362 and 364 of the Criminal Procedure Code.
2. Upon perusal of the proceedings, it is apparent that Laura Chelangat the applicant herein was arrested on December 8, 2023 and was held in custody until December 11, 2023 when she was taken to Court whereupon, she pleaded guilty to the charge of being in possession of alcoholic drinks for sale without a licence Contrary to Section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010.
3. Hon Nekesa, learned senior resident magistrate convicted the Applicant on her own plea of guilty and subsequently sentenced her to pay a fine of Kshs 8,000/= in default to serve one month imprisonment. It would appear that the applicant has so far served 10 days of the default sentence of 30 days.
4. Under the offence the applicant was convicted section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010,and sentenced attracts a maximum sentence of a fine of Kshs 2 Million or imprisonment of a term of not more than five (5) years or both. Its apparent from the record that though the learned senior resident magistrate considered the mitigating factors, she however failed to take into account the number of days the applicant was held in custody before being taken to Court.
5. Had she taken that in account, she would have been persuaded to pronounce a lesser fine than the amount meted out. For the above reason, I think a reasonable fine in the circumstances of this case should have been Kshs.5,000/=.
6. Consequently, the fine imposed against the applicant of Kshs 8,000/= is set aside and is substituted with a fine of Kshs 5,000/= and in default to serve 14 days imprisonment. The new sentence to run from the date of sentence i.e. on December 11, 2023.
7. In view of the new sentence, it is clear that the applicant has so far served 10 days of the default sentence. The applicant should serve the remaining default of 4 days in prison and should be released upon completing serving the four (4) days.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF DECEMBER, 2023. .................................J.K. SERGONJUDGE