[2023] KEHC 22042 (KLR)
The court found that the applicant, a first offender with no previous criminal record, suffering from ill health, and being the sole caregiver to two young children, was a suitable candidate for a non-custodial sentence. The Probation Officer's report recommended probation, and the court, in the context of the...
Source-derived case information.
- Citation
- [2023] KEHC 22042 (KLR)
- Parties
- Applicant: Abi Chepleting; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E017 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Custodial sentence suspended; applicant released to serve probation sentence.
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Review, Probation Orders, Alcoholic Drinks Offences
- 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
Abi Chepleting
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence under the Prisons Decongestion Exercise.
- 2 Whether the circumstances of the applicant justify suspension of the prison sentence and imposition of probation.
Ratio Decidendi
The court found that the applicant, a first offender with no previous criminal record, suffering from ill health, and being the sole caregiver to two young children, was a suitable candidate for a non-custodial sentence. The Probation Officer's report recommended probation, and the court, in the context of the ongoing Prisons Decongestion Exercise, exercised its discretion to suspend the remainder of the custodial sentence. The applicant was ordered to serve a probation sentence for three years, balancing the interests of justice, rehabilitation, and the need to decongest prisons.
Court Disposition
Custodial sentence suspended; applicant released to serve probation sentence.
Orders
- The remainder of the prison sentence for Abi Chepleting is suspended.
- Abi Chepleting is released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
Chepleting v Republic (Revision Case E017 of 2023) [2023] KEHC 22042 (KLR) (22 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22042 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E017 of 2023
HM Nyaga, J
August 22, 2023
Between
Abi Chepleting
Applicant
and
Republic
Respondent
Ruling
1. This matter has been brought to me under the Prisons Decongestion Exercise being undertaken by this court.
2. The Applicant Abi Chepleting was convicted for the offence of Operating a bar without an Alcoholic Licence contrary to section 7 (1)(b) as read with section 62 of theAlcoholic Drinks Act No 4 of 2010 and Selling Alcoholic Drinks contrary to the same. She was sentenced to serve 2 years imprisonment on July 24, 2023.
3. She has so far served about 3 weeks in prison.
4. In the Sentence Review Report filed on August 14, 2023 the Probation Officer, David Too recommends a Probation Sentence for a period of 3 years.
5. According to the said Report the convict is a form four dropout with no previous criminal record. She is a mother to two sons and prior to her arrest she was staying at her aunt’s house at Kipsingei Village before she visited her friend in Nakuru who was the owner of the bar at which she was arrested and charged with the aforementioned offences.The prison officers state that the convict has been unable to carry out her duties in the shoe industry due to her ill health ass she has been suffering from cancer and has not fully recovered from the operation she had a few years back. The Applicant is remorseful and claims she has learnt her lesson and is pleading for a chance to serve a non- custodial sentence to grant her the chance to look after her young children who are currently under the custody of another minor.
6. In light of the above and with the view to decongest the prison I hereby exercise judicial discretion and suspend the remainder of the prison sentence for the convict Abi Chepleting and order for her release to serve a probation sentence for 3 years. She is to be released from prison forthwith unless otherwise lawfully held.
7. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 22ND AUGUST, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant