[2021] KEHC 468 (KLR)
The court found that the applicant, having served one month and 15 days of a three-month custodial sentence for possession of alcoholic drinks for sale without a licence, was suitable for a non-custodial sentence based on the probation officer's report and the objective of decongesting prisons. The court exercised...
Source-derived case information.
- Citation
- [2021] KEHC 468 (KLR)
- Parties
- Applicant: Lily Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E108 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- applicant released forthwith unless otherwise lawfully held
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Revision, Possession of Alcohol Without Licence, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lily Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant should continue serving a custodial sentence for possession of alcoholic drinks for sale without a licence.
- 2 Whether the applicant is suitable for a non-custodial sentence given the period already served and the probation officer's report.
Ratio Decidendi
The court found that the applicant, having served one month and 15 days of a three-month custodial sentence for possession of alcoholic drinks for sale without a licence, was suitable for a non-custodial sentence based on the probation officer's report and the objective of decongesting prisons. The court exercised its revisionary jurisdiction to release the applicant forthwith unless otherwise lawfully held, considering the minor nature of the offence and the time already served.
Court Disposition
applicant released forthwith unless otherwise lawfully held
Orders
- The applicant is released forthwith unless lawfully held for any other reason.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL REVISION CASE NO.E108 OF 2021
LILY LANGA....................................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................RESPONDENT
REVISION RULING
1. The Applicant LILY LANGAT was fined Kshs.5,000/= in default she was sentenced to three months imprisonment on 25/10/2021 for the offence of being in possession of alcoholic Drinks for sale without a licence Contrary to Section 27(1) (b) as read with Section 27 (4) of the Alcoholic Control Act No.4 of 2010.
2. The applicant has been in custody for a period of one month and 15 days.
3. This file was called for revision for purposes of decongesting the women prison.
4. The Probation Officer filed a sentence Review Report which I have duly considered.
5. The Applicant is suitable to serve a non-custodial sentence.
6. Since she is about to finish her sentence, I release her forthwith unless lawfully held for any other.
Delivered, dated and signed at Kericho this 20th day of December, 2021
A. N. ONGERI
JUDGE