[2024] KEHC 3845 (KLR)
The court found that the applicant was convicted on his own unequivocal plea of guilty for the offence of being in possession of alcoholic drinks that do not conform to prescribed standards, contrary to section 27(1)(b) as read with section 27(4) of the Alcoholic Drinks Control Act. The sentence imposed was a fine...
Source-derived case information.
- Citation
- [2024] KEHC 3845 (KLR)
- Parties
- Applicant: Peter Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 111 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file closed; no further orders issued
- Judges
- DR Kavedza
- Legal Topics
- Plea of Guilty, Sentencing, Alcoholic Drinks Control, Fine Payment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was properly convicted on his own plea of guilty for possession of non-compliant alcoholic drinks.
- 2 Whether the sentence imposed was appropriate and whether the fine was paid.
Ratio Decidendi
The court found that the applicant was convicted on his own unequivocal plea of guilty for the offence of being in possession of alcoholic drinks that do not conform to prescribed standards, contrary to section 27(1)(b) as read with section 27(4) of the Alcoholic Drinks Control Act. The sentence imposed was a fine of Kshs. 10,000 or three months imprisonment in default. The record showed that a fine of Kshs. 8,667 was paid on behalf of the applicant, and therefore, the applicant should have been released from prison. There was no basis for further intervention by the court, and the file was ordered closed.
Court Disposition
file closed; no further orders issued
Orders
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Kamau v Republic (Criminal Revision 111 of 2024) [2024] KEHC 3845 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3845 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 111 of 2024
DR Kavedza, J
April 15, 2024
Between
Peter Kamau
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicant was convicted on his own plea of guilty for the offense of being in possession of alcoholic drinks that do not conform to prescribed standards of distillation and packing contrary to section 27(1)(b) as read with section 27 (4) of the Alcoholic Drinks Control Act.
2. The applicant was sentenced on 07/03/2024 to pay a fine of Kshs. 10,000/= and in default to serve three (3) months imprisonment.
3. From the record, a fine of Kshs. 8,667/= was paid on 18/03/2024 for the applicant. Therefore, the applicant must have been released from prison by now.
4. File closed.
Orders accordingly.RULING DELIVERED THIS DAY 15TH DAY OF APRIL 2024. ________________D. KAVEDZAJUDGE