[2013] KEHC 1242 (KLR)
The High Court found that the applicant, having served 3 months of a 5-month sentence for possession of alcoholic drink without a licence, had demonstrated rehabilitation and was performing useful duties in prison while caring for her 11-year-old child. The probation officer's report indicated positive conduct and...
Source-derived case information.
- Citation
- [2013] KEHC 1242 (KLR)
- Parties
- Applicant: Risper Chelangat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 230 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- sentence revised and substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Possession of Alcohol Without Licence, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Risper Chelangat
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the sentence of 5 months imprisonment for possession of alcoholic drink without a licence was appropriate in the circumstances.
- 2 Whether the sentence should be revised and substituted with a community service order.
Ratio Decidendi
The High Court found that the applicant, having served 3 months of a 5-month sentence for possession of alcoholic drink without a licence, had demonstrated rehabilitation and was performing useful duties in prison while caring for her 11-year-old child. The probation officer's report indicated positive conduct and the applicant's understanding of the importance of being law-abiding. Considering these factors and the powers under the Criminal Procedure Code and Community Service Orders Act, the court held that the custodial sentence was no longer appropriate. The sentence was therefore revised and substituted with a community service order for 30 days under the supervision of the chief at...
Court Disposition
sentence revised and substituted with community service order
Orders
- The sentence of 5 months imprisonment is set aside.
- The applicant shall perform community service for 30 days under the chief at Town Location in Kericho.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 230 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 15. 07. 2013 BY THE HONOURABLE J.KWENA SENIOR PRINCIPAL MAGISTRATE AT BOMET IN CRIMINAL CASE NO. 663 OF 2013)
RISPER CHELANGAT……..........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 Risper Chelangat 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 Senior Principal Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate on 15. 07. 2013 convicted and sentenced her to serve 5 months imprisonment. She has served 3 months 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 baby-sitting duties at the prison. The report states that the applicant is living in prison with her child of 11 years old. 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 Town Location in Kericho.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE