[2023] KEHC 1334 (KLR)
The court found that the applicant, a first offender, pleaded guilty to dealing with 100 litres of an alcoholic drink without a permit. There was inconsistency in the record as to whether the drink was busaa or changaa, and this ambiguity could not be resolved. Considering the applicant's status as a first offender...
Source-derived case information.
- Citation
- [2023] KEHC 1334 (KLR)
- Parties
- Applicant: Nicholas Kiplangat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E002 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant released
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, First Offender Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Kiplangat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for dealing with alcoholic drinks without a licence was excessive and should be revised.
- 2 Whether the applicant's status as a first offender warranted a more lenient sentence.
- 3 Whether there was clarity regarding the type and quantity of alcoholic drink involved.
Ratio Decidendi
The court found that the applicant, a first offender, pleaded guilty to dealing with 100 litres of an alcoholic drink without a permit. There was inconsistency in the record as to whether the drink was busaa or changaa, and this ambiguity could not be resolved. Considering the applicant's status as a first offender and the lack of clarity regarding the alcoholic drink, the court held that the sentence imposed was excessive and punitive. The court exercised its revisionary jurisdiction to reduce the sentence to the period already served, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; applicant released
Orders
- The sentence imposed on the applicant is reduced to the period already served.
- The applicant is to be released forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
24 paragraphs
Kiplangat v Republic (Criminal Revision E002 of 2023) [2023] KEHC 1334 (KLR) (16 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1334 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E002 of 2023
AN Ongeri, J
February 16, 2023
Between
Nicholas Kiplangat
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Nicholas Kiplangat filed this revision application dated 11/1/2023 seeking review of the sentence meted against him on 19/12/2022 for the offence of Dealing with Alcoholic drinks without a licence Contrary to section 7(1) (b) as read with section 62 of the alcoholic Drinks Control Act No.4 of 2010.
2. The Applicant said he is a first offender but that notwithstanding, he was sentenced to 12 month in default to pay a fine of Kshs.100,000/=.
3. The applicant stated that he has school going children and further that he is the sole bread winner of his family.
4. The applicant finds this sentence punitive, excessive and severe.
5. I have perused the Original Record and I find that the applicant pleaded guilty to the charge of dealing with 100 litres of Busaa without a permit.
6. I find that it is not in dispute that the applicant is a first offender.
7. The charge sheet states he was found in possession of 100 litres of busaa but in the facts, it is said it was 100 litres of Changaa. There is no way of establishing whether the alcoholic drinks was changaa or busaa.
8. I find that the revision sentence is merited. I reduce the sentence meted on the applicant to the period served.
9. I order that the Applicant be released forthwith unless lawfully held for any other reason.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 16THDAY OF FEBRUARY, 2023. A. N. ONGERIJUDGE