[2023] KEHC 19618 (KLR)
The court found that the custodial sentence imposed by the trial court was not appropriate given the applicant's plea of guilty, the nature of the offence, and the probation officer's recommendation for a non-custodial sentence. The court exercised its discretion to substitute the custodial sentence with a Community...
Source-derived case information.
- Citation
- [2023] KEHC 19618 (KLR)
- Parties
- Applicant: Alex Meroka Rambeka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E084 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- custodial sentence set aside; community service order imposed
- Judges
- WA Okwany
- Legal Topics
- Alcoholic Drinks Control, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Meroka Rambeka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's plea of guilty and the probation officer's recommendation.
- 2 Whether a non-custodial sentence was suitable for the offences committed under the Alcoholic Drinks Control Act.
Ratio Decidendi
The court found that the custodial sentence imposed by the trial court was not appropriate given the applicant's plea of guilty, the nature of the offence, and the probation officer's recommendation for a non-custodial sentence. The court exercised its discretion to substitute the custodial sentence with a Community Service Order, determining that such a sentence would serve the interests of justice, rehabilitation, and community benefit. The applicant was therefore ordered to serve a Community Service Order at Karantin Dispensary under supervision for two months.
Court Disposition
custodial sentence set aside; community service order imposed
Orders
- The applicant shall serve a Community Service Order at Karantin Dispensary under the supervision of the area assistant chief for a period of 2 months.
Full Case Text
Judgment text and source record
17 paragraphs
Rambeka v Republic (Criminal Revision E084 of 2023) [2023] KEHC 19618 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19618 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E084 of 2023
WA Okwany, J
June 29, 2023
Between
Alex Meroka Rambeka
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E177 of 2023 by Hon. C. Ombija Senior Resident Magistrate on 228TH March 2023)
Ruling
1. The Applicant was convicted on his own plea of guilty for the offence of transporting alcoholic drinks without a license contrary to section 7 (1) (b) as read with section 34 of the Alcoholic Drinks Control Act No 4 of 2010 and 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 fined him Kshs 40,000/= in default to serve 6 months imprisonment. The Report by Jackline C Mwei the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Karantin Dispensary under the supervision of the area assistant chief for a period of 2 months.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE