[2019] KEHC 7060 (KLR)
The court found that the appellant's plea of guilty was unequivocal and the conviction was proper. However, considering the period already served, the appellant's mitigation, and the State's concession, the court determined that the remainder of the sentence should be served outside prison through community service...
Source-derived case information.
- Citation
- [2019] KEHC 7060 (KLR)
- Parties
- Appellant: Rachael Muthama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 20 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence allowed in part; remainder of sentence to be served on community service order.
- Legal Topics
- Sentencing, Possession of Alcoholic Drinks, Alcoholic Drinks Control Act, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachael Muthama
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was excessive or should be varied.
- 2 Whether the appellant should serve the remainder of her sentence outside prison.
Ratio Decidendi
The court found that the appellant's plea of guilty was unequivocal and the conviction was proper. However, considering the period already served, the appellant's mitigation, and the State's concession, the court determined that the remainder of the sentence should be served outside prison through community service at Kambu chief’s office. The court balanced the need for punishment with the appellant's circumstances and the negative impact of alcohol on the youth, concluding that a non-custodial sentence for the remainder was appropriate.
Court Disposition
Appeal on sentence allowed in part; remainder of sentence to be served on community service order.
Orders
- The appellant shall serve the remainder of the prison term on community service order at Kambu chief’s office of Kibwezi Sub county.
- The County Probation Officer is to take the appellant's details and act accordingly.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRA NO. 20 OF 2019
RACHAEL MUTHAMA...........................APPELLANT
-VERSUS-
REPUBLIC..............................................RESPONDENT
JUDGMENT
1. Rachel Muthamathe Appellant was charged with 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 particulars being that the Appellant on the 22nd day of February, 2019 at Machinery Market, in Kibwezi Sub-county within Makueni County, was found being in possession of 125 litters of Karubu packed in 7 plastic containers that does not conform to the Act.
2. She was arraigned in court on 25th February, 2019 and pleaded guilty to the charge. She was convicted and after mitigation she was fined Kshs.100,000/=, in default one year imprisonment. The record shows that she was a first offender.
3. She was not able to pay the fine and is therefore serving the sentence
4. In this appeal, she is not challenging the conviction. I have read the record and I am satisfied that the plea is unequivocal.
5. On sentence, she requests for a lighter sentence or she serves the remainder of the sentence while out of prison.
6. The State through Mrs. Owenga has conceded the appeal on sentence. She is not opposed to the Appellant serving the remainder of the sentence out of prison.
7. The record shows that the Appellant was sentenced on 25th February, 2019. She has served three (3) months and one (1) week out of the default sentence. She was found in possession of one hundred and twenty-five (125) litters of the alcoholic drink known as “karubu”.
8. The Appellant does not appear to be a young lady. She mitigated well before the trial court and has done the same here. I have taken all this into account and considering the period served and the negative impact of alcohol on the youth, I think the Appellant will need to complete her sentence but in the following manner.
9. She will serve the remainder of the prison term on CSO at Kambu chief’s office of Kibwezi Sub county. Let the County Probation Officer take the details and act.
10. The appeal only succeeds to that extent.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 3RD DAY OF JUNE, 2019, IN OPEN COURT AT MAKUENI.
............................
H. I. ONG’UDI
JUDGE