[2024] KEHC 3011 (KLR)
The court found that the applicant, having pleaded guilty to distributing alcoholic drinks without a licence and having served a substantial part of his custodial sentence, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the...
Source-derived case information.
- Citation
- [2024] KEHC 3011 (KLR)
- Parties
- Applicant: James Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E106 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- 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
James Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of the Probation Officer's recommendation for community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under the Alcoholic Drinks Control Act.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to distributing alcoholic drinks without a licence and having served a substantial part of his custodial sentence, was suitable for community service as recommended by the Probation Officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Molo Probation Station for three months, in the interest of decongesting the prison and promoting rehabilitation.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Molo Probation Station for a period of three months.
Full Case Text
Judgment text and source record
22 paragraphs
Kariuki v Republic (Revision Case E106 of 2024) [2024] KEHC 3011 (KLR) (20 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3011 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E106 of 2024
HM Nyaga, J
March 20, 2024
Between
James Kariuki
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:Distributing alcoholic drinks without licence contrary to section 27(1) (a) as read with Section 27 (4) of the Alcoholic Drinks Control Act No. of 2010. The particulars are that;On the 19th day of December 2023 at around 1400 hours along Rural-Kapsita road in Molo Sub county within Nakuru County, you were found distributing alcoholic drink namely Chang’aa to wit 18 litres in a motor cycle reg. no. KMFS 058N make Haojin Blue Colour and do not confirm with the requirements of the said Act.
3. He pleaded guilty and he was sentenced to pay a fine of Kshs. 50,000/= in default six (6) months in jail.
4. The Applicant has served a substantial part of this sentence.
5. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Molo Probation Station.
6. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Molo Probation Station for a period of three (3) months.
7. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 20TH DAY OF MARCH, 2024. H. M. NYAGAJUDGEIn the presence of;C/A OleperonN/A for stateNKR H.C.Rev.E106 of 2024 Page 2 of 2