[2013] KEHC 1347 (KLR)
The court found that the applicant, having pleaded guilty and demonstrated remorse as evidenced by the probation officer's report, was a suitable candidate for a community service order. The court exercised its revisionary jurisdiction under the Criminal Procedure Code and the Community Service Orders Act to alter...
Source-derived case information.
- Citation
- [2013] KEHC 1347 (KLR)
- Parties
- Applicant: Mercy Chepngeno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 220 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- Sentence revised; imprisonment 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mercy Chepngeno
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 court found that the applicant, having pleaded guilty and demonstrated remorse as evidenced by the probation officer's report, was a suitable candidate for a community service order. The court exercised its revisionary jurisdiction under the Criminal Procedure Code and the Community Service Orders Act to alter the sentence from a fine or imprisonment to community service. The court considered the applicant's conduct in prison and her willingness to reform, concluding that a community-based sentence would serve the interests of justice and rehabilitation better than continued incarceration.
Court Disposition
Sentence revised; imprisonment substituted with community service order.
Orders
- The sentence of a fine of Kshs. 50,000 or 6 months imprisonment is set aside.
- The applicant shall perform community service for 40 days under the chief at the Silibwet 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. 220 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. 810 of 2013)
MERCY CHEPNGENO..………….…….....................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 Mercy Chepngeno who was charged with the offence of 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 Senior Principal Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate on 26. 08. 2013 convicted and sentenced her to a fine of Kshs.50, 000 or to serve 6 months imprisonment. She has served about 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 cleaning duties at the prison. The report states that the applicant is remorseful and is willing to engage in 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 40 days under the chief at the Silibwet location, Chief’s office.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE