[2021] KEHC 3287 (KLR)
The court found that the sentence of a fine of Kshs 200,000 or six months imprisonment in default was harsh and excessive given the amount of illegal liquor recovered from the applicants. Exercising its revisionary jurisdiction, the court commuted the default custodial sentence to the period already served, ordering...
Source-derived case information.
- Citation
- [2021] KEHC 3287 (KLR)
- Parties
- Applicant: Zaida Keya; Applicant: Consolata Simiyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E253 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicants released
- Judges
- LK Kimaru
- Legal Topics
- Sentencing Revision, Possession of Illegal Alcohol, Alcoholic Drinks Control Act, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaida Keya
Applicant
Consolata Simiyu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicants for possession of non-compliant alcoholic drinks was harsh and excessive.
- 2 Whether the custodial sentence should be revised in light of the circumstances.
Ratio Decidendi
The court found that the sentence of a fine of Kshs 200,000 or six months imprisonment in default was harsh and excessive given the amount of illegal liquor recovered from the applicants. Exercising its revisionary jurisdiction, the court commuted the default custodial sentence to the period already served, ordering the immediate release of the applicants unless otherwise lawfully held. The decision was guided by the principle of proportionality in sentencing and the court's duty to ensure justice is served in light of the specific facts of the case.
Court Disposition
sentence revised; applicants released
Orders
- The default custodial sentence currently being served by the applicants is commuted to the period served.
- The applicants are ordered to be set at liberty forthwith and released from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL REVISION NO. E253 OF 2021
(From original conviction and Sentence in Criminal Case No. E4040 of 2021 of the
Chief Magistrate’s Court at Kitale).
ZAIDA KEYA ...................................1ST APPLICANT
CONSOLATA SIMIYU ..................2ND APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
RULING
The Applicants, Zaida Keya and Consolata Simiyu were convicted on their own plea of guilty of the offence being in Possession of alcoholic drinks which do not conform to the requirements of Alcoholic Drinks Act in particular Section 27(1) (b) as read with Section 27(4) thereof. They were each sentenced to pay a fine of Kshs 200,000/= or in default serve six months imprisonment. They did not pay the fine. They are serving the default custodial sentence. The file has been placed before this court for revision of sentence.
This court formed the view that the sentence meted on the Applicants was indeed harsh and excessive taking into consideration the amount of illegal Liquor that was recovered in their possession.
In the premises therefore, this court commutes the default custodial sentence currently being served by the Applicants to the period served. They are ordered set at liberty forthwith and released from custody unless otherwise lawfully held. It is so ordered.
DATED AT KITALE ON THIS 7TH DAY OF OCTOBER, 2021.
L. KIMARU
JUDGE