[2024] KEHC 2451 (KLR)
The court found that although the sentence imposed on Lydia Chepkemoi was lawful and lenient, the circumstances warranted revision. The applicant had already served three weeks of a one-month sentence for selling alcoholic drinks without a licence, was a first offender, and had significant mitigating factors...
Source-derived case information.
- Citation
- [2024] KEHC 2451 (KLR)
- Parties
- Applicant: Lydia Chepkemoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E006 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; applicant unconditionally discharged and released from prison
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Alcohol Drinks Control, First Offender Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Chepkemoi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for selling alcoholic drinks without a licence should be revised in light of the prison decongestion exercise.
- 2 Whether the applicant, as a first offender with mitigating circumstances, should be unconditionally discharged.
Ratio Decidendi
The court found that although the sentence imposed on Lydia Chepkemoi was lawful and lenient, the circumstances warranted revision. The applicant had already served three weeks of a one-month sentence for selling alcoholic drinks without a licence, was a first offender, and had significant mitigating factors including being a mother of three young children. In the context of the ongoing prison decongestion exercise, the court exercised its discretion to revise the sentence and ordered her unconditional release, holding that further incarceration was unnecessary and contrary to the objectives of justice and rehabilitation.
Court Disposition
sentence revised; applicant unconditionally discharged and released from prison
Orders
- Unless otherwise lawfully held, Lydia Chepkemoi shall forthwith be unconditionally discharged and released from prison.
- Signal to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Chepkemoi v Republic (Criminal Revision E006 of 2024) [2024] KEHC 2451 (KLR) (11 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2451 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E006 of 2024
RE Aburili, J
March 11, 2024
Between
Lydia Chepkemoi
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate’s Court Criminal Case No. E051 of 2024 at Kisumu by Hon.D.Ogoti, CM on 19/2/2024)
Ruling
1. The matter is before this court for revision of sentence in the prison decongestion exercise. The convict Lydia Chepkemoi was sentenced to pay a fine of Kshs.6,000 in default to serve one (1) month imprisonment on her own plea of guilty for the offence of selling alcoholic drinks without a licence contrary to Section 7(1) (b) as read with Section 62 of the Alcohol Drinks Control Act No. 4 of 2010.
2. The volume of the alcohol found on the convict was three (3) litres.
3. Albeit the sentence was lawful and lenient, the convict has now served three weeks imprisonment and she is due for release on 19th March 2024. She is a first offender. Her mitigations on record were clear that she had three children one of whom was aged 8 months.
4. In the spirit of prison decongestion, and the convict being a first offender, I hereby revise the sentence imposed and order that unless otherwise lawfully held, Lydia Chepkemoi shall forthwith be unconditionally discharged and released from prison.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF MARCH, 2024R. E. ABURILIJUDGE