[2021] KEHC 516 (KLR)
The court found that the applicant had served a significant portion of her custodial sentence and had demonstrated reformation as evidenced by the sentence review report. In the interests of justice and rehabilitation, the court exercised its discretion to substitute the remaining custodial sentence with a...
Source-derived case information.
- Citation
- [2021] KEHC 516 (KLR)
- Parties
- Applicant: Mercy Chepngeno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E118 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence revised; custodial sentence substituted with community service order.
- Judges
- AN Ongeri
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Possession Without Licence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Chepngeno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of alcoholic drinks for sale without a licence should be revised.
- 2 Whether the applicant has demonstrated sufficient reformation to warrant a non-custodial sentence.
Ratio Decidendi
The court found that the applicant had served a significant portion of her custodial sentence and had demonstrated reformation as evidenced by the sentence review report. In the interests of justice and rehabilitation, the court exercised its discretion to substitute the remaining custodial sentence with a non-custodial sentence of community service for two months under supervision.
Court Disposition
Sentence revised; custodial sentence substituted with community service order.
Orders
- The applicant is placed on community service order at the office of Mr. Andrew Mutai, Assistant Chief, Kaptoboiti Sub-Location for two months.
- Mr. Andrew Mutai, Area Assistant Chief, to supervise the applicant during the community service order period.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL REVISION CASE NO.E118 OF 2021
MERCY CHEPNGENO..................................APPLICANT
VERSUS
REPUBLIC…...............................................RESPONDENT
REVISION RULING
1. The Applicant MERCY CHEPNGENO was fined a total of Kshs.50,000/= for two Counts in default to serve five (5) months imprisonment on 4/10/2021 for two Courts of being in possession of alcoholic Drinks for sale without a licence Contrary to Section 27(1) (b) as read with Section 27(4) of the Alcoholic Drinks Control Act No.4 of 2010.
2. The applicant has served two months and 11 days.
3. I have considered the sentence Review Report filed in respect of the applicant and I find that she has reformed.
4. I place her on C.S.O. at the Office of MR. ANDREW MUTAI, the Assistant Chief, KAPTOBOITI Sub-Location for a period of two (2) months.
5. The Area Assistant Chief, MR. ANDREW MUTAI, Tel No.0728xxxx to Supervise her while on C.S.O.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF DECEMBER, 2021
A. N. ONGERI
JUDGE