[2020] KEHC 2558 (KLR)
The court found that although the plea was properly taken and the sentence imposed was lawful, the applicant was a first offender and had pleaded for leniency due to her personal circumstances, including having small children. The absence of a presentence report to consider non-custodial or more lenient sentencing...
Source-derived case information.
- Citation
- [2020] KEHC 2558 (KLR)
- Parties
- Applicant: Everline Achieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 72 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised and substituted
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Manufacture of Illicit Alcohol, Mitigation of Sentence
- 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
Everline Achieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant was excessive and warranted revision.
- 2 Whether the applicant's status as a first offender and her mitigation warranted a more lenient sentence.
Ratio Decidendi
The court found that although the plea was properly taken and the sentence imposed was lawful, the applicant was a first offender and had pleaded for leniency due to her personal circumstances, including having small children. The absence of a presentence report to consider non-custodial or more lenient sentencing options was noted. In the interests of justice and proportionality, the court exercised its revisionary jurisdiction to substitute the original fine with a lower fine of Kshs. 20,000, or in default, six months imprisonment, instead of the original twelve months.
Court Disposition
sentence revised and substituted
Orders
- The sentence is revised and substituted with a fine of Kshs. 20,000, and in default, six months imprisonment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 72 OF 2020
EVERLINE ACHIENG..................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................RESPONDENT
RULING ON REVISION
1. I have considered the application for sentence revision by the Applicant/Convict Everlyne Achieng. She was convicted for the offence of manufacturing alcoholic drinks and being found in possession of 50 litres of Kangara, which is the ingredient of manufacturing changaa. This was after she pleaded guilty to the charge and she was fined Kshs. 50,000/= in default to serve 12 months imprisonment from 21/9/2020.
2. In mitigation, the convict pleaded for leniency saying she had small children.
3. She now seeks for sentence revision via her Application dated 30/9/2020 for revision for her sentence and claims that the fine of Kshs. 50,000/= is excessive. She states that given a fine of Kshs. 20,000/=, she will pay to enable her return to her children, one of whom is young and still breastfeeding.
4. I have considered the application for sentence revision. The Plea was properly taken and the sentence imposed was lawful.
5. The convict is a first offender and pleaded for leniency. No Presentence report was called for to rule out a non-custodial or more lenient but lawful and deterrent sentence.
6. For the above reasons, I hereby revise the sentence imposed and substitute it with a fine of Kshs. 20,000/= (Kenya Shillings twenty thousand) and in default the convict shall serve six months in prison.
7. Orders accordingly.
Dated signed and Delivered at Siaya this 8th Day of October 2020
R.E. ABURILI
JUDGE