[2013] KEHC 1404 (KLR)
The High Court found that the applicant, having pleaded guilty and demonstrated remorse, was a suitable candidate for a community service order. The court considered her personal circumstances, including her status as a single mother expecting a child and her positive conduct in prison. The custodial sentence...
Source-derived case information.
- Citation
- [2013] KEHC 1404 (KLR)
- Parties
- Applicant: Janet Chepngeno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 281 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- 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
Janet Chepngeno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in the circumstances of the applicant.
- 2 Whether the applicant qualifies for a community service order under the relevant law.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty and demonstrated remorse, was a suitable candidate for a community service order. The court considered her personal circumstances, including her status as a single mother expecting a child and her positive conduct in prison. The custodial sentence imposed by the trial court was deemed excessive in light of these factors and the probation officer's favorable report. Accordingly, the court exercised its revisionary jurisdiction to substitute the custodial sentence with a community service order, thereby promoting rehabilitation and reintegration into society.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence by the trial court is altered and substituted with an order for the applicant to perform community service for 20 days under the head teacher at Koimugul Primary School.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 281 OF 2013
(Being A Revision in the Conviction and Sentence on 12. 09. 2013 by the Honourable J.Kasam Senior Resident Magistrate at Sotik in Criminal Case No. 1391 of 2013)
JANET CHEPNGENO…….……….................APPLICANT
-VERSUS-
REPUBLIC.......................................................RESPONDENT
(Before Hon. Justice Byram Ongaya 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 75of the Laws of Kenya, and under Section 8(2) of the Community Service Orders Act, 1998. The applicant is Janet Chepngeno 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 12. 09. 2013 convicted and sentenced her to a fine of Kshs.20, 000 or to serve 5 months imprisonment for each count. She has served about 1 months 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 babysitting duties at the prison. The report states that the applicant is remorseful and is willing to engage in lawful employment. She is expecting her fourth child and she is a single mother. 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 20 days under the head teacher at the Koimugul Primary School.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE