[2021] KEHC 476 (KLR)
The court found that the applicant, having served almost the entire sentence and demonstrated reformation as per the sentence review report, was not suitable for a community service order. In the context of ongoing efforts to decongest prisons, and given that the applicant was due for release in a short period, the...
Source-derived case information.
- Citation
- [2021] KEHC 476 (KLR)
- Parties
- Applicant: Jackline Kerich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E117 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- applicant released forthwith unless otherwise lawfully held
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Possession of Alcohol Without Licence, Alcoholic Control Act, Prison Decongestion
- 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
Jackline Kerich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should continue serving the sentence or be released early in light of the sentence review report and prison decongestion objectives.
- 2 Whether the applicant is suitable for community service order given the time already served.
Ratio Decidendi
The court found that the applicant, having served almost the entire sentence and demonstrated reformation as per the sentence review report, was not suitable for a community service order. In the context of ongoing efforts to decongest prisons, and given that the applicant was due for release in a short period, the court exercised its discretion to order her immediate release unless otherwise lawfully held. The decision was grounded in the principles of justice, proportionality, and public policy considerations regarding prison overcrowding.
Court Disposition
applicant released forthwith unless otherwise lawfully held
Orders
- The applicant Jackline Kerich is to be released forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION NO.E117 OF 2021
JACKLINE KERICH..........................................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................................RESPONDENT
REVISION RULING
1. The Applicant JACKLINE KERICH was fined Kshs.10,000/= in default to serve 3 months imprisonment on 30/9/2021 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 Control Act No.4 of 2010.
2. The Applicant has served a period of two months and she is due for release on 30/12/2021.
3. I find that she is not suitable to serve CSO as she has almost completed her sentence.
4. I have considered the Sentence Review Report filed in respect of the Applicant and I find that she has reformed.
5. The file was placed before this court with a view of decongesting the women prison.
6. I direct that the Applicant be released forthwith unless lawfully held for any other reason.
Delivered, dated and signed at Kericho this 20th day of December 2021.
A. N. ONGERI
JUDGE