[2023] KEHC 2465 (KLR)
The court found that since the applicant had already been sentenced and a Community Service Order had been issued and subsequently lapsed, and there were no further proceedings pending, there was no basis for further intervention. The file was therefore marked as closed, bringing the matter to a conclusion.
Source-derived case information.
- Citation
- [2023] KEHC 2465 (KLR)
- Parties
- Applicant: Mary Auma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- File marked as closed; no further orders.
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Community Service Orders, Possession of Alcoholic Drinks
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mary Auma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be revised or altered.
- 2 Whether the Community Service Order previously granted remains in effect.
Ratio Decidendi
The court found that since the applicant had already been sentenced and a Community Service Order had been issued and subsequently lapsed, and there were no further proceedings pending, there was no basis for further intervention. The file was therefore marked as closed, bringing the matter to a conclusion.
Court Disposition
File marked as closed; no further orders.
Orders
- The file is hereby marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Auma v Republic (Criminal Revision E092 of 2022) [2023] KEHC 2465 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2465 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E092 of 2022
RE Aburili, J
March 23, 2023
Between
Mary Auma
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E953 of 2022 in the Chief Magistrate’s Court at Kisumu delivered on 13th December 2022)
Ruling
1. The Convict/Applicant herein Mary Auma was sentenced to pay a fine of Kshs 7,000 in default to serve three (3) months imprisonment on 13th December 2022. This was vide Kisumu Chief Magistrate Criminal Case No. E953 of 2022 wherein she was charged and convicted of the offence of being in possession of alcoholic drinks.
2. On 21st December 2022, this Court ordered for her release on Community Service Order at Obunga Police Station. That order has since lapsed.
3. As there are no other proceedings pending in this matter, this file is hereby marked as closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MARCH, 2023R. E. ABURILIJUDGE