[2021] KEHC 473 (KLR)
The court found that the applicant had served three months in custody and demonstrated a changed attitude, making her suitable for a non-custodial sentence. The sentence review report supported this finding. Consequently, the court revised the custodial sentence and placed the applicant on a community service order...
Source-derived case information.
- Citation
- [2021] KEHC 473 (KLR)
- Parties
- Applicant: Dinah Cheluget; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E113 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to non-custodial community service order.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Possession of Alcohol Without Licence, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dinah Cheluget
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised to a non-custodial sentence.
- 2 Whether the applicant is suitable for a community service order.
Ratio Decidendi
The court found that the applicant had served three months in custody and demonstrated a changed attitude, making her suitable for a non-custodial sentence. The sentence review report supported this finding. Consequently, the court revised the custodial sentence and placed the applicant on a community service order (C.S.O.) for two months under the supervision of the Area Assistant Chief of Cheboin Sub-Location.
Court Disposition
Custodial sentence revised to non-custodial community service order.
Orders
- The applicant is placed on community service order at the Office of the Assistant Chief Cheboin Sub-Location for a period of two months.
- The Area Assistant Chief of Cheboin Sub-Location will supervise the applicant while on community service order.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL REVISION CASE NO.E113 OF 2021
DINAH CHELUGET...............................................................APPLICANT
VERSUS
REPUBLIC........................................................................RESPONDENT
REVISION RULING
1. The Applicant DINAH CHELUGET was fined a total of Kshs.25,000/= and in default she was sentence to Six (6) months imprisonment on 13/9/2021 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 (40 of the alcoholic Drinks control Act No.4 of 2010.
2. The applicant has been in custody for a period of three months and I find that her attitude has changed and she is suitable for a non- custodial sentence
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 CHEBOIN Sub-Location for a period of two months.
4. The Area Assistant Chief of CHEBOIN Sub-Location will supervise her while on C.S.O.
Delivered, dated and signed at Kericho this 20th day of December, 2021
A. N. ONGERI
JUDGE