[2013] KEHC 1413 (KLR)
The High Court found that the applicant, having pleaded guilty to being in possession of alcoholic drink without a licence and having served one month of her three-month sentence, demonstrated remorse and willingness to reform, as evidenced by the probation officer's report. The court exercised its revisionary...
Source-derived case information.
- Citation
- [2013] KEHC 1413 (KLR)
- Parties
- Applicant: Recho Rotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 203 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; imprisonment substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Community Service Orders, Possession of Alcohol Without Licence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Recho Rotich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's circumstances and the law.
- 2 Whether the applicant should be granted a revision of her sentence to community service.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty to being in possession of alcoholic drink without a licence and having served one month of her three-month sentence, demonstrated remorse and willingness to reform, as evidenced by the probation officer's report. The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code and Section 8(2) of the Community Service Orders Act to alter the sentence. The court held that, in the circumstances, a community service order was more appropriate than continued imprisonment, considering the applicant's personal circumstances and the objectives of sentencing.
Court Disposition
sentence revised; imprisonment substituted with community service order
Orders
- The sentence by the trial court is altered and substituted with an order for the applicant to perform community service for 30 days under the chief at the Kaboson 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. 203 OF 2013
(Being A Revision in the Conviction and Sentence on12. 09. 2013 by the Honourable V.Karanja Acting Senior Resident Magistrate at Bomet in Criminal Case No. 868 of 2013)
RECHO ROTICH…………...............................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 Recho Rotich who was charged with the offence being in possession of alcoholic drink without a licence contrary to Section 27(1) (a) as read with Section 34(a) of the Alcoholic Drinks Control Act No. 4 of 2010 of the Laws of Kenya in the Acting Senior Resident Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate on 12. 09. 2013 convicted and sentenced her to a fine of Kshs.25, 000. 00 or to serve 3 months imprisonment. She has served 1 month 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 of a cook at the prison. The report states that the applicant is remorseful; and she is a mother and she is willing to improve and 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 30 days under the chief at the Kaboson location Chief’s office.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE