1. The Applicant, Dickson Tonui, was charged with the offence of being in possession of alcoholic drinks for sale without a license contrary to Section 7(1)(h) of the Penal Code. The particulars of the offence were that on 20th April 2023 at leldet Village in as read with section 62 Alcoholic Drinks Control Act the particulars were that on the 14th day of July 2014 at Rungut Village Bureti Sub – County within Kericho County was found with alcoholic drinks namely changaa to wit sixty (60) litres without a licence.
2. Upon conclusion of the trial, the Applicant was found guilty, and was sentenced to serve five (4) years' imprisonment. He has remained in custody since the date of his sentence.
3. The Court has considered the Applicant's request for review of sentence together with the Sentence Review Report prepared by the Probation and Aftercare Service.
4. The report indicates that while serving his sentence, the Applicant has learnt skills to earn a living and has family that he wishes to reunite with. He lost his brother while in prison and seeks a non-custodial sentence to help his late brother’s family.
5. He has a supportive family system and intends to engage in carpentry and also acquire casual employment to earn a living. He is positive and indicates he has refomrded. His family is ready to support jo, reintegrate and rehabilitate into the community.
6. I am alive to the fact that the Applicant was convicted of the offence as stated above. The custodial sentence imposed by the trial court was lawful and appropriate in the circumstances of the case. However, sentencing serves multiple objectives, including punishment, deterrence, rehabilitation, protection of the public and restorative justice. Where subsequent developments demonstrate that an offender has substantially benefited from rehabilitation and is suitable for supervised reintegration into society, the Court is entitled to consider whether the remaining custodial term continues to serve those objectives.
7. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation and the Probation Officer's assessment that he is suitable for a non-custodial sentence, I am satisfied that the interests of justice will be adequately served by converting the unexpired portion of the custodial sentence into a supervised probation order.
Accordingly, I find merit in the application.
Orders
a. The application for review of sentence is hereby allowed.
b. The unexpired portion of the Applicant's sentence of imprisonment is hereby substituted with a probation order for the remainder of the sentence.
c. The Applicant shall be released forthwith unless he is otherwise lawfully held.
d. Upon his release, the Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of his sentence and shall comply with all lawful directions issued by the supervising Probation Officer.
e. The supervising Probation Officer shall monitor the Applicant's compliance with the probation order and shall file a report before this Court upon the expiry of the probation period or earlier in the event of any breach of the probation order.
It is so ordered.
2. Upon conclusion of the trial, the Applicant was found guilty, and was sentenced to serve five (4) years' imprisonment. He has remained in custody since the date of his sentence.
3. The Court has considered the Applicant's request for review of sentence together with the Sentence Review Report prepared by the Probation and Aftercare Service.
4. The report indicates that while serving his sentence, the Applicant has learnt skills to earn a living and has family that he wishes to reunite with. He lost his brother while in prison and seeks a non-custodial sentence to help his late brother’s family.
5. He has a supportive family system and intends to engage in carpentry and also acquire casual employment to earn a living. He is positive and indicates he has refomrded. His family is ready to support jo, reintegrate and rehabilitate into the community.
6. I am alive to the fact that the Applicant was convicted of the offence as stated above. The custodial sentence imposed by the trial court was lawful and appropriate in the circumstances of the case. However, sentencing serves multiple objectives, including punishment, deterrence, rehabilitation, protection of the public and restorative justice. Where subsequent developments demonstrate that an offender has substantially benefited from rehabilitation and is suitable for supervised reintegration into society, the Court is entitled to consider whether the remaining custodial term continues to serve those objectives.
7. Having considered the period already served by the Applicant, the favourable probation report, his demonstrated remorse and rehabilitation and the Probation Officer's assessment that he is suitable for a non-custodial sentence, I am satisfied that the interests of justice will be adequately served by converting the unexpired portion of the custodial sentence into a supervised probation order.
Accordingly, I find merit in the application.
Orders
a. The application for review of sentence is hereby allowed.
b. The unexpired portion of the Applicant's sentence of imprisonment is hereby substituted with a probation order for the remainder of the sentence.
c. The Applicant shall be released forthwith unless he is otherwise lawfully held.
d. Upon his release, the Applicant shall remain under the supervision of the Probation and Aftercare Service for the remainder of his sentence and shall comply with all lawful directions issued by the supervising Probation Officer.
e. The supervising Probation Officer shall monitor the Applicant's compliance with the probation order and shall file a report before this Court upon the expiry of the probation period or earlier in the event of any breach of the probation order.
It is so ordered.