[2024] KEHC 6544 (KLR)
The court found that the applicant, having been convicted on her own plea of guilty for possession of alcoholic drinks, had already served three months of her custodial sentence. The Sentence Review Report recommended a non-custodial sentence, and there was no opposition from the respondent. In the interests of...
Source-derived case information.
- Citation
- [2024] KEHC 6544 (KLR)
- Parties
- Applicant: Caroline Kerubo Ombaye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E065 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed. Applicant to be released from prison forthwith unless otherwise lawfully held.
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Plea of Guilty, Possession of Alcoholic Drinks
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Kerubo Ombaye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the custodial sentence imposed on the applicant for possession of alcoholic drinks was appropriate in light of the circumstances and the Sentence Review Report.
Ratio Decidendi
The court found that the applicant, having been convicted on her own plea of guilty for possession of alcoholic drinks, had already served three months of her custodial sentence. The Sentence Review Report recommended a non-custodial sentence, and there was no opposition from the respondent. In the interests of justice and proportionality, the court determined that the applicant should be released from prison forthwith unless otherwise lawfully held.
Court Disposition
Application for revision allowed. Applicant to be released from prison forthwith unless otherwise lawfully held.
Orders
- The applicant shall be released from prison forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
Ombaye v Republic (Criminal Revision E065 of 2024) [2024] KEHC 6544 (KLR) (13 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6544 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E065 of 2024
WA Okwany, J
May 13, 2024
Between
Caroline Kerubo Ombaye
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E821 of 2023 by Hon. M. Munyekenye, Senior Principal Magistrate on 6th December 2023)
Ruling
1. The Applicant was convicted on her own plea of guilty for the offence of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No. 4 of 2010. The trial court sentenced her to pay a fine of Kshs. 100,000/= or in default, to serve 8 months imprisonment. The Applicant has served 3 months of her sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Jackline Mwei recommends a non-custodial sentence. I hereby direct that the Applicant be released from Prison forthwith unless she is otherwise lawfully held.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W. A. OKWANYJUDGE