[2013] KEHC 1416 (KLR)
The High Court found that the applicant, having pleaded guilty and demonstrated remorse, was suitable for a non-custodial sentence. The probation report indicated positive conduct and a willingness to reform. The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code...
Source-derived case information.
- Citation
- [2013] KEHC 1416 (KLR)
- Parties
- Applicant: Josephine Rono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 282 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
Josephine Rono
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's circumstances and the law.
- 2 Whether the applicant should be granted a revision of sentence to community service under the Community Service Orders Act.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty and demonstrated remorse, was suitable for a non-custodial sentence. The probation report indicated positive conduct and a willingness to reform. 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 to a community service order. The court considered the applicant's family responsibilities and her conduct in prison, concluding that community service would serve the ends of justice and rehabilitation better than continued imprisonment.
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 in charge at the Kipsingei dispensary.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 282 OF 2013
(Being A Revision in the Conviction and Sentence on 25. 07. 2013 by the Honourable J.Kasam Senior Resident Magistrate at Sotik in Criminal Case No. 1071 of 2013)
JOSEPHINE RONO……..………….……....................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 75 of the Laws of Kenya, and under Section 8(2) of the Community Service Orders Act, 1998. The applicant is Josephine Rono 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 25. 07. 2013 convicted and sentenced her to a fine of Kshs.20, 000 or to serve 6 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 maintaining prison compound that is cleaning and weeding. The report states that the applicant is remorseful and is willing to engage in lawful employment. She has four young children to cater for. 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 in charge at the Kipsingei dispensary.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE