[2013] KEHC 1243 (KLR)
The High Court found that the applicant, having pleaded guilty and shown remorse, was suitable for a non-custodial sentence. The court considered her personal circumstances, including her pregnancy and her positive conduct in prison, as evidenced by the probation officer's report. The court exercised its revisionary...
Source-derived case information.
- Citation
- [2013] KEHC 1243 (KLR)
- Parties
- Applicant: Jane Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 278 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Community Service Orders, Alcoholic Drinks Control, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial magistrate was appropriate in light of the applicant's circumstances.
- 2 Whether the applicant qualifies for a community service order under the relevant statutes.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty and shown remorse, was suitable for a non-custodial sentence. The court considered her personal circumstances, including her pregnancy and her positive conduct in prison, as evidenced by the probation officer's report. The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code and Section 8(2) of the Community Service Orders Act to alter the custodial sentence imposed by the trial court. The sentence was substituted with an order for the applicant to perform community service for 30 days at Tulwet Secondary School, as this would better serve the interests of justice and...
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The custodial sentence imposed by the trial court is set aside.
- The applicant shall perform community service for 30 days under the principal at Tulwet Secondary School.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 278 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 9. 09. 2013 BY THE HONOURABLE J.KASAM SENIOR RESIDENT MAGISTRATE AT SOTIK IN CRIMINAL CASE NO. 1383 OF 2013)
JANE MAINA……..….....................APPLICANT
-VERSUS-
REPUBLIC..................................RESPONDENT
(BEFORE HON. JUSTICE BYRAMONGAYA ON FRIDAY 18TH OCTOBER, 2013)
RULING ON REVISION
This is the ruling in an application for revision under Sections 362 and 364 of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, and under Section 8(2) of the Community Service Orders Act, 1998. The applicant is Jane Maina who was charged with two counts of the offence of selling alcoholic drinks without a licence contrary to section 27(1) (b) and selling alcoholic drinks without proper packaging contrary to section 32(1) and 32(a) and (b) of the Alcoholic Drinks Control Act No. 4 of 2010 of the Laws of Kenya in the Senior Resident Magistrate’s Court at Sotik.
The applicant pleaded guilty as charged and the learned trial magistrate on 9. 09. 2013 convicted and sentenced her to a fine of Kshs.50, 000 or to serve 5 months imprisonment for each count. She has served about 1 month and 6 days imprisonment.
The probation officer has filed a report in view of the application for revision now before this court. The report indicates that the applicant is performing nursing for the sick at the prison. The report states that the applicant is remorseful and is willing to engage in lawful employment. She is expecting her seventh child. The court considers that the applicant has discovered the essence of being a good and law abiding citizen.
In conclusion, the sentence by the honourable trial court is altered and substituted with the order for the applicant to perform community service for 30 days under the principal at the Tulwet Secondary School.
Signed, datedanddeliveredin courtatKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE