[2013] KEHC 1298 (KLR)
The High Court found that the applicant, having pleaded guilty to selling alcoholic drinks without a licence and having served about two months of her five-month sentence, demonstrated remorse and a willingness to reform, as evidenced by the probation officer's report and her conduct in prison. The court determined...
Source-derived case information.
- Citation
- [2013] KEHC 1298 (KLR)
- Parties
- Applicant: Vivian Chebii Chepkwony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 204 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, Alcoholic Drinks Control, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vivian Chebii Chepkwony
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the applicant's circumstances and the law.
- 2 Whether the applicant qualifies for a community service order as an alternative to imprisonment.
Ratio Decidendi
The High Court found that the applicant, having pleaded guilty to selling alcoholic drinks without a licence and having served about two months of her five-month sentence, demonstrated remorse and a willingness to reform, as evidenced by the probation officer's report and her conduct in prison. 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, taking into account the applicant's personal circumstances, her family support, and her positive...
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 20 days under the chief at the Siongiroi location Chief’s office.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 204 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 21. 08. 2013 BY THE HONOURABLE J.KWENA SENIOR PRINCIPAL MAGISTRATE AT BOMET IN CRIMINAL CASE NO. 791 OF 2013)
VIVIAN CHEBII CHEPKWONY…..........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 Vivian Chebii Chepkwony 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.10, 000. 00 or to serve 5 months imprisonment. She has served about 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 cleaning duties at the prison. The report states that the applicant is remorseful; and she is a 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 20 days under the chief at the Siongiroi location Chief’s office.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE