[2021] KEHC 508 (KLR)
The court found that, despite the applicant being a repeat offender and initially denied the option of a fine, the sentence review report demonstrated her reformation. Consequently, the court exercised its discretion to revise the custodial sentence and instead placed the applicant on a community service order for...
Source-derived case information.
- Citation
- [2021] KEHC 508 (KLR)
- Parties
- Applicant: Gladys Cherop; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E116 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised to community service order.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Repeat Offender, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Cherop
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence of imprisonment should be revised in light of her reformation.
- 2 Whether a community service order is appropriate for a repeat offender convicted under the Alcoholic Drinks Control Act.
Ratio Decidendi
The court found that, despite the applicant being a repeat offender and initially denied the option of a fine, the sentence review report demonstrated her reformation. Consequently, the court exercised its discretion to revise the custodial sentence and instead placed the applicant on a community service order for two months under the supervision of the area assistant chief. The court considered the objectives of sentencing, including rehabilitation, and determined that a non-custodial sentence was now appropriate given the applicant's changed circumstances.
Court Disposition
Custodial sentence revised to community service order.
Orders
- Applicant placed on community service order at the office of Mr. Wilson Rop, Area Assistant Chief Chebirirbei, for two months.
- Mr. Wilson Rop to supervise the applicant while on community service order.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION CASE NO.E116 OF 2021
GLADYS CHEROP…………………………………………………….APPLICANT
VERSUS
REPUBLIC……………………………………………………………RESPONDENT
REVISION RULING
1. The Applicant GLADYS CHEROP was sentence to 6 months imprisonment each count on two Counts on 30/9/2021 being in possession of alcoholic Drinks for sale without a licence Contrary to Section 27(1) (b0 as read with Section 27(4) of the Alcoholic Drinks Control Act No.4 of 2010.
2. The sentences were to run concurrently. The Applicant is a repeat offender and that is the reason she was not given an option of a fine. She was selling both changaa (Count 1) and Busaa(Count 2).
3. I have considered the sentence Review Report and I find that the Applicant has reformed.
4. I accordingly place her on C.S.O. at the office of MR. WILSON ROP, the Area Assistant chief CHEBIRIRBEI for a period of two (2) months.
5. The Area Assistant Chief MR. WILSON ROP to supervise her while on C.S.O.
Delivered, dated and signed at Kericho this 20th day of December, 2021
A. N. ONGERI
JUDGE