[2013] KEHC 1410 (KLR)
The court found that the applicant, having pleaded guilty and shown remorse, was suitable for a community service order rather than imprisonment. The original sentence contained an error in the warrant of commitment, recording 4 months instead of the lawful 3 months imprisonment in default of fine. Considering the...
Source-derived case information.
- Citation
- [2013] KEHC 1410 (KLR)
- Parties
- Applicant: Mary Chesang Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 256 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Applicant discharged from prison and ordered to serve 30 days community service.
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Alcoholic Drinks Control, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Chesang Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant was lawful and appropriate.
- 2 Whether the applicant should be considered for a community service order instead of imprisonment.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and shown remorse, was suitable for a community service order rather than imprisonment. The original sentence contained an error in the warrant of commitment, recording 4 months instead of the lawful 3 months imprisonment in default of fine. Considering the probation report and the applicant's circumstances, the court exercised its discretion to discharge the applicant from prison and order her to serve 30 days of community service under supervision at the Chief's office, Abosi location, Sotik district.
Court Disposition
Applicant discharged from prison and ordered to serve 30 days community service.
Orders
- The applicant is discharged from prison.
- The applicant shall serve 30 days community service at the Chief's office, Abosi location, Sotik district under the supervision of the chief.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 256 OF 2013
(Being A Revision in the Conviction and Sentence on 20. 08. 2013 by the Honourable Senior Resident Magistrate, J.Kasam at Sotik in Criminal .Case No.1260 of 2013)
MARY CHESANG KIRUI..................................APPLICANT
-VERSUS-
REPUBLIC........................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)
RULING ON REVISION
The applicant Mary Chesang Kirui pleaded guilty to the offence of being in possession of alcoholic drinks without a licence contrary to Section 27 (1) (b) as read with Section 37 (1) of the Alcoholic Drinks Control Act No. 4 of 2010.
She was sentenced to pay a fine of Kshs.10,000 in default 3 months imprisonment effective 20/08/2013. The warrant of commitment for sentence erroneously recorded 4 months imprisonment.
The court has considered the probation report. The applicant is remorseful and suitable for community service order.
Accordinly, the applicant is discharged from prison to serve the community for 30 days at the Chief's office, Abosi location of Sotik district and under the supervison of the chief.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE