[2021] KEHC 506 (KLR)
The court found that the applicant, having already served one month of the custodial sentence for the offence of possession of alcoholic drinks for sale without a licence, was suitable for a non-custodial sentence based on the sentence review report. The court exercised its discretion to substitute the remaining...
Source-derived case information.
- Citation
- [2021] KEHC 506 (KLR)
- Parties
- Applicant: Jeniffer Byegon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E111 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Custodial sentence revised; applicant placed on community service order for one month.
- 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
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Parties
Jeniffer Byegon
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 the custodial sentence for possession of alcoholic drinks without a licence.
Ratio Decidendi
The court found that the applicant, having already served one month of the custodial sentence for the offence of possession of alcoholic drinks for sale without a licence, was suitable for a non-custodial sentence based on the sentence review report. The court exercised its discretion to substitute the remaining custodial sentence with a community service order, considering the nature of the offence and the applicant's circumstances.
Court Disposition
Custodial sentence revised; applicant placed on community service order for one month.
Orders
- The applicant is placed on community service order for a period of one month at the Chief's Office Kaptoboiti Location under the supervision of the Area Chief.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL REVISION CASE NO.E111 OF 2021
JENNIFFER BYEGON........................................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................RESPONDENT
REVISION RULING
1. The Applicant JENNIFFER BYEGON was fined Kshs.30,000/= in default to serve 3 months imprisonment on 1/11/2021 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 already serve one (1) month imprisonment and upon considering the sentence Review Report filed on her behalf, I find that she is suitable for non-custodial sentence.
3. I accordingly place the applicant on C.S.O. for a period of one month at the Chief’s Office KAPTOBOITI Location to be supervised by the Area Chief KAPTOBOITILocation.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF DECEMBER, 2021
A. N. ONGERI
JUDGE