[2013] KEHC 1149 (KLR)
The High Court found that the applicant, having pleaded guilty to being in possession of alcoholic drink without a licence and having served two months of her five-month sentence, demonstrated remorse and willingness to reform, as evidenced by the probation officer's report. The court exercised its revisionary...
Source-derived case information.
- Citation
- [2013] KEHC 1149 (KLR)
- Parties
- Applicant: Mary Bor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 202 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Possession of Alcohol Without Licence, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Bor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in the circumstances.
- 2 Whether the applicant qualifies for a community service order as an alternative to imprisonment.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty to being in possession of alcoholic drink without a licence and having served two months of her five-month sentence, demonstrated remorse and willingness to reform, as evidenced by the probation officer's report. The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code and Section 8(2) of the Community Service Orders Act to alter the sentence. The custodial sentence was substituted with a community service order for 30 days, considering the applicant's positive conduct and the principle that sentencing should promote rehabilitation where possible.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence by the trial court is altered and substituted with an order for the applicant to perform community service for 30 days under the chief at the Singorwet location chief’s office.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 202 OF 2013
(Being A Revision in the Conviction and Sentence on 26. 08. 2013 by the Honourable J.Kwena Senior Principal Magistrate at Bomet in Criminal Case No. 807 of 2013)
MARY BOR…………...............................................APPLICANT
-VERSUS-
REPUBLIC............................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
This is the ruling in an application for revision under Sections 362 and 364 of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, and under section 8(2) of the Community Service Orders Act, 1998. The applicant is Mary Bor who was charged with the offence being in possession of alcoholic drink without a licence contrary to section 27(1) (a) as read with section 34(a) of the Alcoholic Drinks Control Act No. 4 of 2010 of the Laws of Kenya in the Acting Senior Resident Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate 26. 08. 2013 convicted and sentenced her to a fine of Kshs.30, 000. 00 or to serve 5 months imprisonment. She has served 2 months imprisonment.
The probation officer has filed a report in view of the application for revision now before this court. The report indicates that the applicant is performing duties of a cook at the prison. The report states that the applicant is remorseful; and she is willing to improve and exploit lawful employment. The court considers that the applicant has discovered the essence of being a good and law abiding citizen.
In conclusion, the sentence by the honourable trial court is altered and substituted with the order for the applicant to perform community service for 30 days under the chief at the Singorwet location chief’s office.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE