[2023] KEHC 20477 (KLR)
The court found that, given the applicant's plea of guilty, the period already served in custody, and the Probation Officer's recommendation for a non-custodial sentence, the interests of justice would be best served by substituting the remaining custodial sentence with a Community Service Order. The court exercised...
Source-derived case information.
- Citation
- [2023] KEHC 20477 (KLR)
- Parties
- Applicant: Hellen Magone; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E049 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Custodial sentence revised to Community Service Order for remaining period.
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Plea of Guilty, Alcoholic Drinks Control, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Magone
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed for possession of alcoholic drinks was appropriate in the circumstances.
- 2 Whether the applicant should be granted a non-custodial sentence based on the Sentence Review Report.
Ratio Decidendi
The court found that, given the applicant's plea of guilty, the period already served in custody, and the Probation Officer's recommendation for a non-custodial sentence, the interests of justice would be best served by substituting the remaining custodial sentence with a Community Service Order. The court exercised its discretion under the Criminal Procedure Code to revise the sentence, emphasizing the appropriateness of non-custodial measures for minor offences and first-time offenders, especially where rehabilitation and reintegration into the community are possible.
Court Disposition
Custodial sentence revised to Community Service Order for remaining period.
Orders
- The applicant shall serve a Community Service Order at Esani Chief’s Officer under the supervision of Mr. Basline Nyandika for the remaining period of two months.
Full Case Text
Judgment text and source record
17 paragraphs
Magone v Republic (Criminal Revision E049 of 2023) [2023] KEHC 20477 (KLR) (18 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20477 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E049 of 2023
WA Okwany, J
July 18, 2023
Between
Hellen Magone
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E269 of 2023 by Hon. B.M Kimtai, Senior Principal Magistrate on 4th May 2023)
Ruling
1. The applicant was convicted on her own plea of guilty for the offence of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No. 4 of 2010. The trial court sentenced her to pay a fine of Kshs. 10,000/= or in default, to serve 4 months imprisonment. The applicant has already served 2 months in custody. The Sentence Review Report filed on July 5, 2023 by Probation Officer Daisy Lang’at recommends a non-custodial sentence. I hereby direct that the applicant serves a Community Service Order at Esani Chief’s Officer under the supervision of Mr. Basline Nyandika for the remaining period of two months.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 18TH DAY OF JULY 2023. W.A. OKWANYJUDGE