Everline Achieng v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Siaya
Category
Criminal
Judge(s)
R.E. Aburili
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Everline Achieng v Republic [2020] eKLR, analyzing key legal findings and implications for justice. Discover insights into the judgment and its impact on future cases.

Case Brief: Everline Achieng v Republic [2020] eKLR

1. Case Information:
- Name of the Case: Everline Achieng v. Republic
- Case Number: Criminal Revision No. 72 of 2020
- Court: High Court of Kenya at Siaya
- Date Delivered: October 8, 2020
- Category of Law: Criminal
- Judge(s): R.E. Aburili
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether the sentence imposed on Everline Achieng for the offense of manufacturing alcoholic drinks was excessive and whether it warranted revision.

3. Facts of the Case:
Everline Achieng was convicted for manufacturing alcoholic drinks and was found in possession of 50 liters of Kangara, an ingredient used in making changaa, an illegal alcoholic beverage in Kenya. She pleaded guilty to the charges and was fined Kshs. 50,000 or, in default, sentenced to 12 months of imprisonment starting from September 21, 2020. In her mitigation, Achieng requested leniency, citing her responsibilities as a mother to small children, including one who was still breastfeeding.

4. Procedural History:
Following her conviction, Achieng filed an application for sentence revision on September 30, 2020, arguing that the fine was excessive and requesting a reduction. She proposed a fine of Kshs. 20,000 to allow her to return to her children. The court reviewed the plea and the circumstances surrounding the case, including her status as a first offender and her plea for leniency.

5. Analysis:
- Rules: The court considered the relevant legal framework surrounding sentencing for offenses related to the manufacture of alcoholic drinks, particularly focusing on the principles of proportionality and the necessity for sentences to be lawful and deterrent.
- Case Law: The court did not explicitly cite previous cases in the ruling; however, the principles of leniency for first offenders and the consideration of mitigating circumstances are well established in criminal jurisprudence.
- Application: The court acknowledged that Achieng’s plea was properly taken and that the original sentence was lawful. However, it recognized the absence of a presentence report which could have provided insights into alternative non-custodial sentences. Ultimately, the court decided to revise the sentence, reducing the fine to Kshs. 20,000, with a corresponding six-month imprisonment term in default.

6. Conclusion:
The court ruled in favor of Achieng by revising her sentence to a fine of Kshs. 20,000, with a six-month prison term as an alternative. This decision underscored the court's consideration of the convict's circumstances, particularly her role as a mother and her status as a first offender.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was delivered by a single judge.

8. Summary:
The High Court of Kenya at Siaya revised the sentence of Everline Achieng, a first-time offender convicted of manufacturing alcoholic drinks. The court reduced her fine from Kshs. 50,000 to Kshs. 20,000, allowing her to fulfill her familial responsibilities while still upholding the law. This case highlights the court's ability to exercise discretion in sentencing, particularly when considering mitigating factors such as motherhood and first-time offenses.

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