REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO REVISION NO. 205 OF 2013 (Being A Revision in the Conviction and Sentence on 19.06.2013 by the Honourable J.Kwena Senior Principal Magistrate at Bomet in Criminal Case No. 465 of 2013) MERCY CHEROTICH…………...............................APPLICANT -VERSUSREPUBLIC.......................................................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 362 and 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 Sharon Chebet who was charged with the offence of being drunk and disorderly in public contrary to Section 33(1) of the Alcoholic Drinks Control Act No. 4 of 2010 of the Laws of Kenya in the Senior Principal Magistrate’s Court at Bomet. The applicant pleaded guilty as charged and the learned trial magistrate on 19.06.2013 convicted and sentenced her to a fine of Kshs.20, 000.00 or to serve 6 months imprisonment. She has served 4 months imprisonment. 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 performing duties at the prison tree farm. The report states that the applicant is remorseful; and she is a single mother and her family is willing to assist her become a better law abiding citizen. The court considers that the applicant has discovered the essence of being a good and law abiding citizen. In conclusion, the sentence by the honourable trial court is altered and substituted with the order for the applicant to perform community service for 5 days under the chief at the Bingwa location Chief’s office. Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013. BYRAM ONGAYA JUDGE
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