[2007] KEHC 3418 (KLR)
The court found that the sentence of two months imprisonment was within the legal limits prescribed by the relevant statute and, in fact, was lenient compared to the maximum penalty available. The court emphasized the seriousness of the offence, noting that handling foodstuffs for sale under unsanitary conditions...
Source-derived case information.
- Citation
- [2007] KEHC 3418 (KLR)
- Parties
- Applicant: Jackline Mwamba & 5 Others; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2007
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application for revision declined
- Judges
- DK Maraga
- Legal Topics
- Sentencing, Public Health Offences, Food Safety, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Mwamba & 5 Others
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of two months imprisonment for handling foodstuffs for sale under insanitary conditions was harsh and warranted revision.
Ratio Decidendi
The court found that the sentence of two months imprisonment was within the legal limits prescribed by the relevant statute and, in fact, was lenient compared to the maximum penalty available. The court emphasized the seriousness of the offence, noting that handling foodstuffs for sale under unsanitary conditions poses a significant risk to public health. There was no legal or factual basis to interfere with the sentence imposed by the trial magistrate, as it was neither illegal nor manifestly excessive. The application for revision was therefore declined.
Court Disposition
application for revision declined
Orders
- The application for revision of sentence is declined.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE 1 OF 2007
(FROM ORIGINAL MUNICIPAL CRIMINAL CASE NUMBER 5282 OF 2006
AT MOMBASA)
JACKLINE MWAMBA & 5 OTHERS……………………..APPLICANTS
VERSUS
REPUBLIC…………………….…………………………RESPONDENTS
R U L I N G
This matter has come to me by way of a revision.
Jackline Mwamba and five others were in Municipal Criminal Case number 5282 of 2006 charged with the offence of handling foodstuffs for sale under insanitary conditions contrary to section 7 and read with section 36(1) of the food, Drugs, and Chemical Substances Act Chapter 254 of the laws of Kenya. They all pleaded guilty and were sentenced to two months imprisonment without the option of fine.
The father of Jackline Mwamba has written to court seeking a revision of the order relating to that sentence on the ground that the sentence is too harsh.
I have perused the lower court record. The offence carries a sentence of Sh.500,000/= fine or two years imprisonment or both such fine and sentence.
The sentence of two months imprisonment is legal and very lenient. The accused persons and their relatives should know that by handling foodstuffs for sale under unsanitary condition puts the public at great risk. I therefore decline the interference with the sentence imposed by the learned trial magistrate.
DATED and delivered this 8th day of January 2007
D.K. MARAGA
JUDGE