[2013] KEHC 1351 (KLR)
The court found that the applicant, having pleaded guilty and served part of her custodial sentence, demonstrated remorse and willingness to reform as evidenced by the probation officer's report. The court exercised its revisionary jurisdiction under the Criminal Procedure Code and the Community Service Orders Act...
Source-derived case information.
- Citation
- [2013] KEHC 1351 (KLR)
- Parties
- Applicant: Risper Kipkemoi Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 227 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- sentence revised; custodial sentence 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
Risper Kipkemoi Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the sentence of 8 months imprisonment imposed on the applicant was appropriate in the circumstances.
- 2 Whether the applicant qualifies for substitution of the custodial sentence with a community service order.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and served part of her custodial sentence, demonstrated remorse and willingness to reform as evidenced by the probation officer's report. The court exercised its revisionary jurisdiction under the Criminal Procedure Code and the Community Service Orders Act to alter the sentence. The custodial sentence was substituted with a community service order, as the applicant had shown positive conduct and her reintegration into society was supported by her family. The interests of justice were best served by allowing the applicant to perform community service rather than continue serving a custodial sentence.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of 8 months imprisonment is altered and substituted with an order for the applicant to perform community service for 30 days under the head teacher at Raia Primary School.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 227 OF 2013
(Being A Revision in the Conviction and Sentence on 28. 06. 2013 by the Honourable J.Kwena Senior Principal Magistrate at Bomet in Criminal Case No. 585 of 2013)
RISPER KIPKEMOI CHERUIYOT…….................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 362and 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 Kipkemboi Cheruiyot 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 26. 08. 2013 convicted and sentenced her to serve 8 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 embroidery duties at the prison. The report states that the applicant is remorseful; and she is willing to improve and exploit lawful employment. The court considers that the applicant has discovered the essence of being a good and law abiding citizen. She is keen to go back home to her husband who is willing to welcome her back.
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 head teacher at the Raia Primary School.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE