[2013] KEHC 1131 (KLR)
The court found that, although the applicant was convicted of a serious offence—possession of ten litres of Chang’aa with intent to sell—he had demonstrated remorse, acquired productive skills while in custody, and had family support for reintegration. The probation officer's report indicated that the applicant was...
Source-derived case information.
- Citation
- [2013] KEHC 1131 (KLR)
- Parties
- Applicant: Wesley Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Revision Case 185 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
- Possession of Alcohol Without Licence, Sentencing Revision, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Koech
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 court found that, although the applicant was convicted of a serious offence—possession of ten litres of Chang’aa with intent to sell—he had demonstrated remorse, acquired productive skills while in custody, and had family support for reintegration. The probation officer's report indicated that the applicant was suitable for a non-custodial sentence. In view of these factors and the objectives of rehabilitation and community reintegration, the court exercised its revisionary jurisdiction to alter the sentence from imprisonment to a community service order. The applicant was ordered to serve the community at Kiplelji sub-location under the supervision of the assistant chief for 60 days,...
Court Disposition
sentence revised; custodial sentence substituted with community service order
Orders
- The sentence of the trial court is altered and substituted with an order for the applicant to serve the community at Kiplelji sub-location under the assistant chief for 60 days from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 185 OF 2013
(Being A Revision in the Conviction and Sentence on 16. 09. 2013 by the Honourable V. Karanja Acting Senior Resident Magistrate at Bomet in Criminal Case No. 879 of 2013)
WESLEY KOECH………………..........................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 Wesley Koech who was charged with the offence of being in possession of alcoholic drinks without a licence contrary to Section 27(1) (2) as read with Section 34 (a) of the Alcoholic Drinks Control Act No. 4 of 2010 of Laws of Kenya in Criminal case No. 879 of 2013 in the Acting Senior Resident Magistrate’s Court at Bomet.
The applicant pleaded guilty as charged and the learned trial magistrate on 16. 09. 2013 convicted and sentenced him to a fine of Kshs. 15, 000. 00 and in default to serve six months imprisonment. The applicant has been unable to pay the fine and therefore is serving the term in prison as sentenced.
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 serving at the tree nursery and he is remorseful as has acquired skills in agro-forestry to assist him engage in positive and lawful means of livelihood. The report states that the applicant’s relatives are willing to assist him to settle down and the applicant can serve the community under the assistant chief, Kiplelji sub-location.
The court has considered the report by the probation officer and the gravity of the offence. The applicant was found in possession of ten litres of Chang’aa with intention of going to sell it. The court has considered that the applicant is remorseful, has acquired productive skills and is welcome for assistance by his family. It is the view of the court that he should be encouraged to engage in lawful income generating activities.
In conclusion, the sentence by the honourable trial court is altered and substituted with the order for the applicant to serve the community at Kiplelji sub-location under the assistant chief for 60 days from the date of this ruling and as shall be assigned by the assistant chief.
Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE