[2024] KEHC 3912 (KLR)
The court found that the applicant, having served a substantial part of his custodial sentence for offences under the Alcoholic Drinks Control Act, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial...
Source-derived case information.
- Citation
- [2024] KEHC 3912 (KLR)
- Parties
- Applicant: Nicholas Kipkorir Rop alias Sirikwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E149 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- HM Nyaga
- Legal Topics
- Sentencing Revision, Alcoholic Drinks Control, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Kipkorir Rop alias Sirikwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's custodial sentence should be revised in light of the Sentence Review Report recommending community service.
- 2 Whether the applicant is suitable for a non-custodial sentence under the Alcoholic Drinks Control Act.
Ratio Decidendi
The court found that the applicant, having served a substantial part of his custodial sentence for offences under the Alcoholic Drinks Control Act, was suitable for community service as recommended by the probation officer. The court exercised its revisionary jurisdiction to substitute the remainder of the custodial sentence with a community service order at Kamara Chief’s Camp for six months, in the interest of justice and to decongest the prison.
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is revised.
- The applicant shall serve the remainder of the sentence under community service at Kamara Chief’s Camp for a period of six months.
Full Case Text
Judgment text and source record
21 paragraphs
Rop v Republic (Revision Case E149 of 2024) [2024] KEHC 3912 (KLR) (23 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3912 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E149 of 2024
HM Nyaga, J
April 23, 2024
Between
Nicholas Kipkorir Rop alias Sirikwa
Applicant
and
Republic
Respondent
Ruling
1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.
2. The Applicant was charged with the offence of:COUNT IManufacturing alcoholic drinks that does not conform to the requirements of alcoholic drinks control Contrary to Section 27(1) (A) as read with Section 27(4) of the Alcoholic Drinks Control Act 2016. The particulars are that;On the 29th June 2023, at Tarakwet village, Kamara Location in Kuresoi North Sub-County within Nakuru County, was found unlawfully manufacturing alcoholic drinks namely Chang’aa using (1) one drum (1) one sufuria (1) one metallic basin and piece of blanket without licence and in unlicenced premises in contravention of the above said Act.COUNT IIBeing in possession of alcoholic drinks, Contrary to Section 27(1) (b) as read with Section 27(4) of the Alcoholic Drinks Control Act No. 4 of 2010. The particulars are that;On the 29th day of June 2023, at Tarakwet Village, Kamara Location in Kuresoi North Sub-County within Nakuru County, was found being in possession of alcoholic drinks namely Changaa to with 20 litres in a yellow jerican which does not conform with the requirements of the said act.
3. He pleaded guilty and he was sentenced to;Count I: Pay a fine of Kshs. 70,000/= in default twelve (12) months imprisonment.Count II: Pay a fine of Kshs. 20,000/= in default six (6) months imprisonment.The Applicant has served a substantial part of this sentence.
4. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kamara Chief’s Camp.
5. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kamara Chief’s Camp for a period of six months.
6. The terms will be explained to him.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RDDAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state