[2021] KEHC 519 (KLR)
The applicant has almost completed her custodial sentence for the offence of possession of alcoholic drinks for sale without a licence. She is not suitable for a community service order. In view of the need to decongest the women prison and the fact that the applicant has served the majority of her sentence, the...
Source-derived case information.
- Citation
- [2021] KEHC 519 (KLR)
- Parties
- Applicant: Cindy Chepkoech Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E109 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Applicant to be released forthwith unless lawfully held for any other reason.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing, Possession of Alcohol Without Licence, Alcoholic Drinks Control Act, Prison Decongestion
- 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
Cindy Chepkoech Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should continue serving the sentence for possession of alcoholic drinks for sale without a licence.
- 2 Whether the applicant is suitable for community service order (CSO).
- 3 Whether the applicant should be released to decongest the women prison.
Ratio Decidendi
The applicant has almost completed her custodial sentence for the offence of possession of alcoholic drinks for sale without a licence. She is not suitable for a community service order. In view of the need to decongest the women prison and the fact that the applicant has served the majority of her sentence, the court finds it just to order her immediate release unless otherwise lawfully held.
Court Disposition
Applicant to be released forthwith unless lawfully held for any other reason.
Orders
- The applicant, Cindy Chepkoech Langat, is to be released forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION NO.E109 OF 2021
CINDY CHEPKOECH LANGAT........................................................................APPLICANT
VERSUS
REPUBLIC.........................................................................................................RESPONDENT
REVISION RULING
1. The Applicant CINDY CHEPKOECH LANGAT was fined Kshs.10,000/= in default to serve 3 months imprisonment on 27/10/2021 for the offence 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 Control Act No.4 of 2010.
2. The Applicant has served a period of two months and over and she is due for release on 27/12/2021.
3. I find that the Applicant has almost completed her jail term and she is not suitable for CSO.
4. This file has been called for with a view to decongest the women prison. I direct that the Applicant be released forthwith unless lawfully held for any other reason.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF DECEMBER 2021.
A. N. ONGERI
JUDGE