[2023] KEHC 19847 (KLR)
The court found that, considering the applicant had already served 32 days in custody and the Probation Officer's recommendation for a non-custodial sentence, it was appropriate to substitute the remaining custodial sentence with a Community Service Order. The offence, while serious, did not warrant continued...
Source-derived case information.
- Citation
- [2023] KEHC 19847 (KLR)
- Parties
- Applicant: Beatrice Kwamboka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E025 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- WA Okwany
- Legal Topics
- Alcoholic Drinks Control, Sentencing Review, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Kwamboka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for dealing with alcoholic drinks without a licence was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence in light of the Sentence Review Report.
Ratio Decidendi
The court found that, considering the applicant had already served 32 days in custody and the Probation Officer's recommendation for a non-custodial sentence, it was appropriate to substitute the remaining custodial sentence with a Community Service Order. The offence, while serious, did not warrant continued incarceration given the circumstances and the applicant's compliance thus far. The court exercised its discretion to ensure the sentence was proportionate and rehabilitative rather than purely punitive.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The applicant shall serve a Community Service Order at Nyangoso Primary School under the supervision of the school Headteacher for the remaining part of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Kwamboka v Republic (Criminal Revision E025 of 2023) [2023] KEHC 19847 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19847 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E025 of 2023
WA Okwany, J
June 29, 2023
Between
Beatrice Kwamboka
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E457 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 10th May 2023. )
Ruling
1. The applicant was convicted on her own plea of guilty for the offence of dealing with alcoholic drinks without a licence contrary to section 7 (1) (b) as read with section 34 (a) of the Alcoholic Drinks Control Act No. 4 of 2010. The particulars of the offence were that on April 16, 2023, at Township location in Nyamira South sub-county within Nyamira County was found dealing with alcoholic drinks namely chang’aa to wit, 10 litres without license issued under the said Act.
2. The trial court sentenced her to pay Kshs. 20,000/= fine or in default, to serve 10 months imprisonment. The applicant has already served 32 days in custody. The Sentence Review Report filed on June 13, 2023 by Edwin Kimaiyo, the Probation Officer recommends a non-custodial sentence.
3. I hereby direct that the applicant serves a Community Service Order at Nyangoso Primary School under the supervision of the school Headteacher for the remaining part of the sentence meted by the trial court.
Orders accordingly.
DATED and DELIVERED at NYAMIRA on this 29th day of JUNE 2023. W.A. OKWANYJUDGE