[2025] KEHC 7440 (KLR)
The High Court found that the applicant was not given an opportunity to mitigate before sentencing, which is a fundamental right in criminal proceedings. Furthermore, the sentence of Kshs 60,000/= fine or 12 months imprisonment was deemed harsh and excessive for the offence of possession of 20 litres of busaa for...
Source-derived case information.
- Citation
- [2025] KEHC 7440 (KLR)
- Parties
- Respondent: Republic; Applicant: Everlyne Cherono Cheruiyot
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E151 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant to be released forthwith unless otherwise lawfully held
- Judges
- JK Sergon
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Mitigation Rights, Revisionary Jurisdiction
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Everlyne Cherono Cheruiyot
Applicant
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant was harsh and excessive in the circumstances.
- 2 Whether the applicant was denied the right to mitigation before sentencing.
- 3 Whether the High Court should interfere with the sentence imposed by the trial court.
Ratio Decidendi
The High Court found that the applicant was not given an opportunity to mitigate before sentencing, which is a fundamental right in criminal proceedings. Furthermore, the sentence of Kshs 60,000/= fine or 12 months imprisonment was deemed harsh and excessive for the offence of possession of 20 litres of busaa for sale without a licence. The court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code to set aside the original sentence and substitute it with a fine of Kshs 20,000/= in default to serve seven months imprisonment, which was considered proportionate. As the applicant had already served more than the substituted default sentence, the...
Court Disposition
sentence revised; applicant to be released forthwith unless otherwise lawfully held
Orders
- The sentence of a fine of Kshs 60,000/= or 12 months imprisonment is set aside.
- The applicant is sentenced to a fine of Kshs 20,000/= in default to serve seven months imprisonment, effective from 22nd July, 2024.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Cheruiyot (Criminal Revision E151 of 2024) [2025] KEHC 7440 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7440 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Revision E151 of 2024
JK Sergon, J
May 27, 2025
ORIGINALLY CRIMINAL CASE NO. E2007 OF 2024 AT KERICHO REPUBLIC V EVERLYNE CHERONO CHERUIYOT
Between
Republic
Prosecution
and
Everlyne Cherono Cheruiyot
Applicant
Ruling
1. Everlyne Cherono Cheruiyot the Applicant was convicted for the offence of being in possession of alcoholic drinks for sale without a licence Contrary to Section 7(1)(b) as read with section 62 of the Alcoholic Drinks Control Act No 4 of 2010 in Criminal Case No E2007 of 2024 by the Chief Magistrates Court at Kericho and sentenced to a fine of Kshs 60,000/= in default to serve 12 months imprisonment.
2. The Deputy Registrar of this court has placed the aforesaid file before this Court for perusal and examination pursuant to the Provisions of Sections 362 and 364 of the Criminal Procedure Code. The record shows that the Applicant was sentenced to a fine of Kshs 60,000/= in default to serve 12 months imprisonment for being in possession of 20 litres of busaa.
3. The record does not show that the Applicant was given a chance to mitigate before the sentence was meted out. It is also apparent that the value of the busaa was not stated.
4. This Court has formed the opinion that the sentence meted out in this case is harsh and excessive in the circumstances.
5. This Court is therefore entitled to interfere with the aforesaid sentence. It is the opinion of this court that the correct sentence in this case should have been a fine of not more than Kshs 20,000/=.
6. In the end, the order sentencing the Applicant to a fine of Kshs 60,000/= is set aside and is substituted with a fine of Kshs 20,000/= in default to serve Seven (7) months imprisonment.
7. The record shows that the applicant has been serving the default sentence of 12 months since 22nd July, 2024. It is apparent that the Applicant has so far served 10 months. The Seven (7) months default sentence is to run from the date of sentence i.e. 22nd July, 2024.
8. It is obvious that the Applicant namely:- Everlyne Cherono Cheruiyot has served the default sentence meted out by this Court in full. Therefore, Everlyne Cherono Cheruiyot should be released forthwith unless lawfully held.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 27TH DAY OF MAY, 2025. ..............................J.K. SERGONJUDGE