[2013] KEHC 1344 (KLR)
The High Court found that the applicant, having pleaded guilty and served a significant portion of her custodial sentence, demonstrated remorse and a willingness to reform as evidenced by the probation report. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a non-custodial...
Source-derived case information.
- Citation
- [2013] KEHC 1344 (KLR)
- Parties
- Applicant: Margaret Chepkurui Orwasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 221 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Sentence revised from imprisonment to community service.
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Alcoholic Drinks Offences, Licensing Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Chepkurui Orwasa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's remorse and promise to reform.
- 2 Whether the applicant's conviction for manufacturing and selling alcoholic drinks without a licence warranted a custodial sentence.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty and served a significant portion of her custodial sentence, demonstrated remorse and a willingness to reform as evidenced by the probation report. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a non-custodial community service order, considering that the objectives of sentencing—punishment, deterrence, and rehabilitation—could be achieved without further incarceration. The court held that the interests of justice would be better served by allowing the applicant to serve the community under supervision rather than continue with the custodial sentence.
Court Disposition
Sentence revised from imprisonment to community service.
Orders
- The applicant shall serve the community for 30 days at the Chief's office at Chemaner Location under the chief's supervision.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 221 OF 2013
(Being A Revision in the Conviction and Sentence on 30. 07. 2013 by the Honourable Senior Principal Magistrate, J.Kwena at Bomet in Criminal Case No.731 of 2013)
MARGARET CHEPKURUI ORWASA...........................APPLICANT
-VERSUS-
REPUBLIC....................................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Margaret Chepkurui Orwasa was convicted on three counts of manufacturing alcoholic drinks without licence contrary to Section 7(1) (a) as read with Section 62 of the Alcoholic Drinks Act No. 4 of 2010; selling alcoholic drinks without licence contrary to Section 7(1) (2) as read with Section 34 (a) of the Act she pleaded guilty and was sentenced to serve 5 months imprisonment for each count, the sentences running concurrently effective 30/7/2013. She has served about 3 months imprisonment.
The probation report shows the applicant has promised to change for the better and is remorseful.
In the circumstances the trial court's sentence is altered and the applicant shall serve the community for 30 days at the Chief's office at Chemaner Location under the chief's supervision.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE