[2013] KEHC 1150 (KLR)
The court found that the applicant, having pleaded guilty and served part of her sentence, demonstrated remorse and a willingness to reform, as evidenced by the probation officer's report. The court determined that the interests of justice would be better served by substituting the remaining custodial sentence with...
Source-derived case information.
- Citation
- [2013] KEHC 1150 (KLR)
- Parties
- Applicant: Sharon Chebet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 225 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised; custodial sentence substituted with community service order
- Judges
- B Ongaya
- Legal Topics
- Sentencing Revision, Community Service Orders, Alcoholic Drinks Control, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sharon Chebet
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.
- 2 Whether the applicant qualifies for a community service order under the relevant statutory provisions.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and served part of her sentence, demonstrated remorse and a willingness to reform, as evidenced by the probation officer's report. The court determined that the interests of justice would be better served by substituting the remaining custodial sentence with a community service order. The court exercised its revisionary jurisdiction under the Criminal Procedure Code and the Community Service Orders Act to alter the sentence, considering the applicant's personal circumstances and the rehabilitative purpose of sentencing.
Court Disposition
sentence revised; custodial sentence 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 at the Siongiroi Dispensary under the officer in-charge of the Dispensary.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 225 OF 2013
(Being A Revision in the Conviction and Sentence on 3. 09. 2013 by the Honourable J.Kwena Senior Principal Magistrate at Bomet in Criminal Case No. 792 of 2013)
SHARON CHEBET…………...................................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 Sharon Chebet who was charged with the offence of selling alcoholic drinks without a licence contrary to Section 9(1) (b) as read with Section 62 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 21. 08. 2013 convicted and sentenced her to a fine of Kshs.20, 000. 00 or to serve 5 months imprisonment. She has served 2 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 duties at the prison farm. The report states that the applicant is remorseful; and she is a single mother and her family is willing to assist her 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 at the Siongiroi Dispensary under the officer in-charge of the Dispensary.
Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.
BYRAM ONGAYA
JUDGE