[2023] KEHC 3416 (KLR)
The court found that the applicant, having served a significant portion of his sentence, demonstrated good conduct and remorse, and being a first-time offender, was a suitable candidate for a non-custodial sentence. The recommendation from the Community Service Officer and the need to decongest prisons further...
Source-derived case information.
- Citation
- [2023] KEHC 3416 (KLR)
- Parties
- Applicant: Dickson Tonui Kipngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E638 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; remainder of prison term suspended; applicant released unless otherwise lawfully held.
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Plea of Guilty, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Tonui Kipngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence should be revised in light of his conduct and time already served.
- 2 Whether the applicant qualifies for a non-custodial sentence under the Alcoholic Drinks Control Act.
Ratio Decidendi
The court found that the applicant, having served a significant portion of his sentence, demonstrated good conduct and remorse, and being a first-time offender, was a suitable candidate for a non-custodial sentence. The recommendation from the Community Service Officer and the need to decongest prisons further justified suspending the remainder of the custodial sentence. The court exercised its discretion to revise the sentence, ordering the applicant's immediate release unless otherwise lawfully held.
Court Disposition
Sentence revised; remainder of prison term suspended; applicant released unless otherwise lawfully held.
Orders
- The remainder of the applicant's prison term is suspended.
- The applicant is to be released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Kipngetich v Republic (Revision Case E638 of 2022) [2023] KEHC 3416 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3416 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E638 of 2022
HM Nyaga, J
April 20, 2023
Between
Dickson Tonui Kipngetich
Applicant
and
Republic
Respondent
Ruling
1. The applicant Dickson Tonui Kipngetich was convicted on his own plea of guilty for the offence of dealing with Alcoholic Drinks for sale without Licence contrary to section 7(1) (b) as read with section 62 of the Alcoholic Drinks Control Act No.4 of 2010.
2. He was sentenced to serve 9 months’ imprisonment on December 5, 2022.
3. He has so far served about 4 months in prison. He is a first time offender.
4. According to sentence Review Report filed on February 1, 2023 the applicant has been conducting himself well while in prison. He has learnt his lesson and he is remorseful. The Community Service officer one Douglas Mwiraria recommends he be placed on Community service.
5. Considering the applicant has spent considerable time in prison and in the spirit of decongesting the prison, I hereby exercise judicial discretion and suspend the remainder of the prison term and order for his release from prison forthwith unless otherwise lawfully held.
6. File Closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 20THApril, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant present