[2021] KEHC 488 (KLR)
The court found that the applicant had already served a substantial period in custody and demonstrated a change in attitude, making her a suitable candidate for a community service order. The sentence review report supported her placement on C.S.O., and the court exercised its discretion to substitute the remaining...
Source-derived case information.
- Citation
- [2021] KEHC 488 (KLR)
- Parties
- Applicant: Daisy Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E115 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence varied; custodial sentence substituted with community service order
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Possession of Alcohol Without Licence, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daisy Bett
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of alcoholic drinks without a licence should be revised.
- 2 Whether the applicant is suitable for a community service order in lieu of imprisonment.
Ratio Decidendi
The court found that the applicant had already served a substantial period in custody and demonstrated a change in attitude, making her a suitable candidate for a community service order. The sentence review report supported her placement on C.S.O., and the court exercised its discretion to substitute the remaining custodial sentence with a community service order at the Office of the Assistant Chief, Chemamul Sub-Location, for one month under supervision.
Court Disposition
sentence varied; custodial sentence substituted with community service order
Orders
- The applicant is placed on community service order at the Office of the Assistant Chief Chemamul Sub-Location for a period of one month.
- The Area Assistant Chief Chemamul Sub-Location, Mr. Willy Ruto, shall supervise the applicant while on community service order.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION CASE NO.E115 OF 2021
DAISY BETT.........................APPLICANT
VERSUS
REPUBLIC........................RESPONDENT
REVISION RULING
1. The Applicant DAISY BETT was fined Kshs.30,000/= in default to serve 5 months imprisonment on 22/9/2021 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 Drinks Control Act No.4 of 2010.
2. The Applicant has been in custody for a period of two months and 21 days and she has changed her attitude and she is willing to serve C.S.O.
3. I have considered the sentence Review Report filed on her behalf and I accordingly place her on C.S.O. at the Office of the Assistant Chief CHEMAMUL Sub-Location for a period of one month
4. The Area Assistant Chief CHEMAMUL Sub-Location MR. WILLY RUTO to supervise the applicant while on C.S.O.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF DECEMBER, 2021
A. N. ONGERI
JUDGE