[2021] KEHC 517 (KLR)
The court found that the applicant, having already served three months of her custodial sentence for possession of alcoholic drinks for sale without a licence, had demonstrated a change in attitude and was now suitable for a non-custodial sentence. The Sentence Review Report supported this assessment. Consequently,...
Source-derived case information.
- Citation
- [2021] KEHC 517 (KLR)
- Parties
- Applicant: Florida Chepkorir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E114 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; applicant placed on Community Service Order for two months.
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Florida Chepkorir
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence after serving part of her custodial sentence for possession of alcoholic drinks for sale without a licence.
Ratio Decidendi
The court found that the applicant, having already served three months of her custodial sentence for possession of alcoholic drinks for sale without a licence, had demonstrated a change in attitude and was now suitable for a non-custodial sentence. The Sentence Review Report supported this assessment. Consequently, the court exercised its discretion to revise the sentence and placed the applicant on Community Service Order (C.S.O.) for two months under the supervision of the Area Assistant Chief at Kiptome Sub-Location.
Court Disposition
Sentence revised; applicant placed on Community Service Order for two months.
Orders
- The applicant is placed on Community Service Order at the office of the Area Assistant Chief at Kiptome Sub-Location for a period of two months.
- The Area Assistant Chief, Kiptome Sub-Location, Mr. Johnstone Langat, to supervise the applicant while on C.S.O.
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.E114 OF 2021
FLORIDA CHEPKORIR........................APPLICANT
VERSUS
REPUBLIC............................................RESPONDENT
REVISION RULING
1. The Applicant FLORIDA CHEPKORIR was fined Kshs.25,000/= in default to serve 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(4) of the Alcoholic Drinks Control Act No.4 of 2010.
2. The applicant has already served 3 months and her attitude has changed and she is therefore suitable for a non-custodial sentence.
3. I have considered the Sentence Review Report filed on her behalf and I find that the applicant is suitable for C.S.O.
4. I accordingly place her on C.S.O. at the office of the Area Assistant Chief at KIPTOME Sub-Location for a period of two (2) months.
5. The Area Assistant Chief KIPTOME Sub-Location MR. JOHNSTONE LANGAT 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