[2013] KEHC 1415 (KLR)
The court found that the applicant, having served a significant portion of her sentence and demonstrated remorse and rehabilitation, was a suitable candidate for a community service order. The probation officer's report confirmed her positive conduct and family support. The court exercised its revisionary...
Source-derived case information.
- Citation
- [2013] KEHC 1415 (KLR)
- Parties
- Applicant: Mercy Cherotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 205 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, Community Service Orders, Drunk and Disorderly Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Cherotich
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 is eligible for a community service order as an alternative to imprisonment.
Ratio Decidendi
The court found that the applicant, having served a significant portion of her sentence and demonstrated remorse and rehabilitation, was a suitable candidate for a community service order. The probation officer's report confirmed her positive conduct and family support. The court exercised its revisionary jurisdiction to alter the sentence from imprisonment to community service, considering the objectives of rehabilitation and reintegration into society. The original sentence was substituted with an order for the applicant to perform community service for five days under the supervision of the chief at Bingwa location Chief's office.
Court Disposition
sentence revised; imprisonment substituted with community service order
Orders
- The sentence of imprisonment is altered and substituted with an order for the applicant to perform community service for 5 days under the chief at Bingwa 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. 205 OF 2013
(Being A Revision in the Conviction and Sentence on 19. 06. 2013 by the Honourable J.Kwena Senior Principal Magistrate at Bomet in Criminal Case No. 465 of 2013)
MERCY CHEROTICH…………...............................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 Sharon Chebet who was charged with the offence of being drunk and disorderly in public contrary to Section 33(1) 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 19. 06. 2013 convicted and sentenced her to a fine of Kshs.20, 000. 00 or to serve 6 months imprisonment. She has served 4 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 at the prison tree farm. The report states that the applicant is remorseful; and she is a single mother and her family is willing to assist her become a better law abiding citizen. 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 5 days under the chief at the Bingwa location Chief’s office.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE