[2023] KEHC 19590 (KLR)
The court found that, given the applicant's plea of guilty and the probation officer's recommendation for a non-custodial sentence, the interests of justice would be better served by substituting the custodial sentence with a community service order. The court exercised its discretion to revise the sentence,...
Source-derived case information.
- Citation
- [2023] KEHC 19590 (KLR)
- Parties
- Applicant: Solomon Divies; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E052 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence set aside and substituted with a community service order.
- Judges
- WA Okwany
- Legal Topics
- Plea of Guilty, Sentencing, Alcoholic Drinks Control, Community Service Order
- 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
Solomon Divies
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's plea of guilty and the probation officer's recommendation.
- 2 Whether a non-custodial sentence was suitable for the offence of possession of alcoholic drinks under the Alcoholic Drinks Control Act.
Ratio Decidendi
The court found that, given the applicant's plea of guilty and the probation officer's recommendation for a non-custodial sentence, the interests of justice would be better served by substituting the custodial sentence with a community service order. The court exercised its discretion to revise the sentence, emphasizing rehabilitation over incarceration for the offence of possession of alcoholic drinks, in line with statutory provisions and the probation report.
Court Disposition
Custodial sentence set aside and substituted with a community service order.
Orders
- The applicant shall serve a Community Service Order at Nyanchonori Dispensary under the supervision of Chief Beatrice Mwango for a period of 2 months.
Full Case Text
Judgment text and source record
18 paragraphs
Divies v Republic (Criminal Revision E052 of 2023) [2023] KEHC 19590 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19590 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E052 of 2023
WA Okwany, J
June 29, 2023
Between
Solomon Divies
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E290 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 15th May 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court sentenced him to pay a fine of Kshs 15,000/= or in default, to serve 5 months imprisonment. The Report by Jackline C Mwei the Probation Officer dated June 13, 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Nyanchonori Dispensary under the supervision of Chief Beatrice Mwango for a period of 2 months.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W A OKWANYJUDGE