Wesley Koech v Republic [2013] KEHC 1131 (KLR)

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