[2023] KEHC 23796 (KLR)
The court found that the applicant had demonstrated remorse, a willingness to comply with the law, and had a supportive home environment for reintegration. The probation officer's report was favourable, indicating the applicant was reformed and suitable for a non-custodial sentence. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 23796 (KLR)
- Parties
- Applicant: Hesbon Juma Ratemo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E112 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Application for sentence review allowed; applicant to serve remainder of sentence under Community Service Order.
- Judges
- JK Sergon
- Legal Topics
- Sentencing Review, Community Service Order, Alcoholic Drinks Control, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Juma Ratemo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the applicant should serve the remainder of his sentence under a Community Service Order (CSO).
- 2 Whether the sentence review report justifies a non-custodial sentence for the applicant.
Ratio Decidendi
The court found that the applicant had demonstrated remorse, a willingness to comply with the law, and had a supportive home environment for reintegration. The probation officer's report was favourable, indicating the applicant was reformed and suitable for a non-custodial sentence. The court exercised its discretion under the Criminal Procedure Code to revise the sentence, ordering that the applicant serve the remainder of his sentence under a Community Service Order at the Kericho County Probation Office, supervised by the designated officer.
Court Disposition
Application for sentence review allowed; applicant to serve remainder of sentence under Community Service Order.
Orders
- The applicant, Hesbon Juma Ratemo, is released from custody and shall serve the remaining five months of his sentence under Community Service Order at the Kericho County Probation Office under the supervision of Ruth Bii.
Full Case Text
Judgment text and source record
21 paragraphs
Ratemo v Republic (Criminal Revision E112 of 2023) [2023] KEHC 23796 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23796 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E112 of 2023
JK Sergon, J
October 19, 2023
Between
Hesbon Juma Ratemo
Applicant
and
Republic
Respondent
Ruling
1. Hesbon Juma Ratemo hereinafter referred to as the Applicant was convicted of the offence of selling of alcoholic drinks without a license contrary to section 7 (1) (b) as read with section 62 of the Alcoholic Drinks Control Act No.4 of 2010.
2. On 13th March, 2023, Hon. E.w. Karani, the Learned Senior Resident Magistrate sentenced the Applicant to pay a fine of Kshs. 70,000/= in default to serve one (1) year imprisonment.
3. The proceedings relating to the aforesaid case, that is Kericho CMC Case No. E264 of 2023 Republic-vs-Hesbon Juma Ratemo were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.
4. The Probation Officer filed a sentence review report on 19th July, 2023. In the said report it was noted that the Applicant was remorseful, promised not to reoffend and comply with the set rules in connection to selling liquor. The probation officer also noted that the current home environment was favourable for release on a non-custodial sentence as the family members and the local administration were receptive and willing to assist him in the reintegration process and further rehabilitation. The prison authorities described him as a reformed person, he learnt skills in nursery management while in Prison. The probation officer recommended that the applicant completes the remaining term of his sentence on Community Service Order (CSO).
5. I have already stated the sentence pronounced by the Learned Senior Resident Magistrate. The Applicant has so far served seven (7) months and is remaining with five (5) months to complete his sentence.
6. Having considered the fact that the sentence review report is favourable, I hereby order that the Applicant Namely:- Hesbon Juma Ratemo be released from custody and ordered to serve the remainder of his sentence i.e. five (5) months under Community Service Order (CSO) at the Kericho County Probation Office under the supervision of Ruth Bii, the Officer in-charge.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ..............................J.K. SERGONJUDGE