1. The Applicant, Doreen Koech, was charged with the offence of being in possession of uncustomed goods, contrary to Section 200(d) of the East African Community Customs Management Act, 2004. The particulars of the offence were that on 10th February 2026, at around 1600 hours at Kipkoyan Location in Belgut Sub-County within Kericho County, she was found in possession of uncustomed goods, to wit ethanol, being one litre packed in a one-litre jerrycan, contrary to Section 200 of the East African Community Customs Management Act, 2004.
2. On her own plea of guilty, the Applicant was convicted and, on 26th February 2026, sentenced to three (3) years' imprisonment.
3. In passing sentence, the trial court considered the Probation Officer's Report, in which members of the community interviewed expressed concern over the Applicant's habitual sale of ethanol, her husband's brewery business, and the sale of the brew to others, which had contributed to a high level of insecurity in the community and to youths dropping out of school to engage in its sale. The area Chief urged that the Applicant not be granted a non-custodial sentence.
4. The Applicant has now moved this Court, invoking its supervisory jurisdiction under Article 165(6) and (7) of the Constitution, seeking a review of the sentence imposed and an order that it be converted to a non-custodial one.
5. The prosecution opposed the application, relying on the same Probation Officer's Report, and urged the Court to take judicial notice of the fact that possession of ethanol is common in the area, and that the Applicant's sentence should serve as a deterrent to others.
Determination
6. I have considered the application, the Probation Officer's Report, and the prosecution's opposition to the application.
7. While the Probation Officer's Report is not binding on this Court, I am persuaded by its contents, in particular the concerns raised by members of the community and the area Chief as to the effect of the Applicant's conduct, and that of her household, on the social fabric of the area, including the reported school drop-out rate among the youth said to be linked to the sale of the brew.
8. I bear in mind that the offence to which the Applicant pleaded guilty was one of possession of uncustomed goods, that unregulated trade is directly linked to the very social harms described in the Probation Officer's Report and by the area Chief. This is a relevant aggravating consideration and one this Court is entitled to weigh in determining whether the sentence already imposed ought, at this stage, to be disturbed.
9. I further note that the Applicant has, as at the date of this ruling, served approximately five (5) months of her three (3) year sentence, being a small fraction of the sentence imposed.
10. Having weighed all these considerations, I decline to grant the prayers sought at this stage.
11. The Applicant is however at liberty to apply afresh to this Court for a non-custodial sentence after she has served at least three-quarters (¾) of her sentence.
Ruling delivered in Kericho on 27th July 2026
In the presence of
Doreen Koech – Applicant
Loice Osoro for the state
C/A Irene Chelangat
2. On her own plea of guilty, the Applicant was convicted and, on 26th February 2026, sentenced to three (3) years' imprisonment.
3. In passing sentence, the trial court considered the Probation Officer's Report, in which members of the community interviewed expressed concern over the Applicant's habitual sale of ethanol, her husband's brewery business, and the sale of the brew to others, which had contributed to a high level of insecurity in the community and to youths dropping out of school to engage in its sale. The area Chief urged that the Applicant not be granted a non-custodial sentence.
4. The Applicant has now moved this Court, invoking its supervisory jurisdiction under Article 165(6) and (7) of the Constitution, seeking a review of the sentence imposed and an order that it be converted to a non-custodial one.
5. The prosecution opposed the application, relying on the same Probation Officer's Report, and urged the Court to take judicial notice of the fact that possession of ethanol is common in the area, and that the Applicant's sentence should serve as a deterrent to others.
Determination
6. I have considered the application, the Probation Officer's Report, and the prosecution's opposition to the application.
7. While the Probation Officer's Report is not binding on this Court, I am persuaded by its contents, in particular the concerns raised by members of the community and the area Chief as to the effect of the Applicant's conduct, and that of her household, on the social fabric of the area, including the reported school drop-out rate among the youth said to be linked to the sale of the brew.
8. I bear in mind that the offence to which the Applicant pleaded guilty was one of possession of uncustomed goods, that unregulated trade is directly linked to the very social harms described in the Probation Officer's Report and by the area Chief. This is a relevant aggravating consideration and one this Court is entitled to weigh in determining whether the sentence already imposed ought, at this stage, to be disturbed.
9. I further note that the Applicant has, as at the date of this ruling, served approximately five (5) months of her three (3) year sentence, being a small fraction of the sentence imposed.
10. Having weighed all these considerations, I decline to grant the prayers sought at this stage.
11. The Applicant is however at liberty to apply afresh to this Court for a non-custodial sentence after she has served at least three-quarters (¾) of her sentence.
Ruling delivered in Kericho on 27th July 2026
In the presence of
Doreen Koech – Applicant
Loice Osoro for the state
C/A Irene Chelangat