Ratemo v Republic [2023] KEHC 23796 (KLR)

Ratemo v Republic (Criminal Revision E112 of 2023) [2023] KEHC 23796 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23796 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Revision E112 of 2023

JK Sergon, J

October 19, 2023

Between

Hesbon Juma Ratemo

Applicant

and

Republic

Respondent

Ruling

1. Hesbon Juma Ratemo hereinafter referred to as the Applicant was convicted of the offence of selling of alcoholic drinks without a license contrary to section 7 (1) (b) as read with section 62 of the Alcoholic Drinks Control Act No.4 of 2010.

2. On 13th March, 2023, Hon. E.w. Karani, the Learned Senior Resident Magistrate sentenced the Applicant to pay a fine of Kshs. 70,000/= in default to serve one (1) year imprisonment.

3. The proceedings relating to the aforesaid case, that is Kericho CMC Case No. E264 of 2023 Republic-vs-Hesbon Juma Ratemo were placed before this Court pursuant to the provisions of section 362 and 364 of the Criminal Procedure Code.

4. The Probation Officer filed a sentence review report on 19th July, 2023. In the said report it was noted that the Applicant was remorseful, promised not to reoffend and comply with the set rules in connection to selling liquor. The probation officer also noted that the current home environment was favourable for release on a non-custodial sentence as the family members and the local administration were receptive and willing to assist him in the reintegration process and further rehabilitation. The prison authorities described him as a reformed person, he learnt skills in nursery management while in Prison. The probation officer recommended that the applicant completes the remaining term of his sentence on Community Service Order (CSO).

5. I have already stated the sentence pronounced by the Learned Senior Resident Magistrate. The Applicant has so far served seven (7) months and is remaining with five (5) months to complete his sentence.

6. Having considered the fact that the sentence review report is favourable, I hereby order that the Applicant Namely:- Hesbon Juma Ratemo be released from custody and ordered to serve the remainder of his sentence i.e. five (5) months under Community Service Order (CSO) at the Kericho County Probation Office under the supervision of Ruth Bii, the Officer in-charge.

DATED, SIGNED AND DELIVERED THIS 19TH DAY OF OCTOBER, 2023. ..............................J.K. SERGONJUDGE