[2017] KEHC 6318 (KLR)
The court found that although the appellant pleaded guilty to the offence of selling alcoholic drinks without a licence, she had no previous convictions. The sentence imposed by the trial court was considered excessive in the circumstances. The High Court exercised its discretion to reduce the sentence to the period...
Source-derived case information.
- Citation
- [2017] KEHC 6318 (KLR)
- Parties
- Appellant: Doris Kagendo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 80 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced to time served; appellant to be released unless otherwise lawfully held
- Judges
- KW Kiarie
- Legal Topics
- Sentencing Appeals, Plea of Guilty, Alcoholic Drinks Control, Licensing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Kagendo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for selling alcoholic drinks without a licence was harsh in the circumstances.
- 2 Whether the appellant's lack of previous convictions warranted a reduction of sentence.
Ratio Decidendi
The court found that although the appellant pleaded guilty to the offence of selling alcoholic drinks without a licence, she had no previous convictions. The sentence imposed by the trial court was considered excessive in the circumstances. The High Court exercised its discretion to reduce the sentence to the period already served, holding that the interests of justice would be better served by such reduction, especially given the appellant's early plea and clean record.
Court Disposition
sentence reduced to time served; appellant to be released unless otherwise lawfully held
Orders
- The sentence is reduced to the time served.
- The appellant is to be released from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO.80 OF 2016
DORIS KAGENDO ..................................................APPELLANT
VERSUS
REPUBLIC ………………………...………………RESPONDENT
(From the original conviction and sentence in criminal case No. 1925 of 2016 of the Chief Magistrate’s Court at Meru by Hon. M.K.N.N Maroro – Principal Magistrate)
JUDGMENT
The appellant,DORIS KAGENDO, was convicted on her own plea of guilty for the offence of selling alcoholic drinks without a licence contrary to section 7 (1) (b) as read with section 62 of the Alcoholic Drinks Control Act No.4 of 2010.
The particulars of the offences were that on 8th October 2016 at Kaaga location, Imenti North sub County of Meru county, was found selling 40 litres of mugacha and 60 litres of marwa without a licence.
The appellant was sentenced to pay a fine of Kshs. 100 000/= or in default serve one year imprisonment. She now appeals against the sentence.
The appellant was represented by J.G Gitonga, learned counsel. He contended that the sentence was harsh.
The state opposed the appeal through Mr. Odhiambo, the learned counsel.
The appellant pleaded guilty to the offence. She had no previous conviction. I am persuaded that the sentence was on the higher side in the circumstances. I accordingly reduce the sentence to the time served .
The appellant to be released from custody unless if otherwise lawfully held.
DATEDatMERUthis 27th day ofApril, 2017
KIARIE WAWERU KIARIE
JUDGE