[2025] KEHC 3704 (KLR)
The court found that the applicant, having been convicted and sentenced to a fine of Kshs. 100,000 or in default twelve months imprisonment for possession of an alcoholic drink not conforming to prescribed standards, had already completed the sentence as the term was to run from the date of arrest. In light of the...
Source-derived case information.
- Citation
- [2025] KEHC 3704 (KLR)
- Parties
- Applicant: Richard Odwali Karakacha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 348 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review Ruling
- Outcome
- Sentence review application spent; no further orders issued.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Alcoholic Drinks Control, Conviction, Fine Imposition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Odwali Karakacha
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is suitable for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the sentence imposed has been served or requires further intervention.
Ratio Decidendi
The court found that the applicant, having been convicted and sentenced to a fine of Kshs. 100,000 or in default twelve months imprisonment for possession of an alcoholic drink not conforming to prescribed standards, had already completed the sentence as the term was to run from the date of arrest. In light of the Chief Justice Memo on prison decongestion and the fact that the applicant had served the full sentence, there was no further sentence to review or reduce. The court therefore concluded that the matter was spent and no further orders were necessary.
Court Disposition
Sentence review application spent; no further orders issued.
Orders
- The applicant having completed the sentence imposed, no further orders are made.
Full Case Text
Judgment text and source record
18 paragraphs
Karakacha v Republic (Criminal Revision 348 of 2024) [2025] KEHC 3704 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3704 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 348 of 2024
DR Kavedza, J
March 26, 2025
Between
Richard Odwali Karakacha
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Richard Odwali Karakacha is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted of the offense of being in possession of an alcoholic drink that does not conform to the prescribed standards of distillation and packaging contrary to section 27(1)(b) as read with section 27(4) of the Alcoholic Drinks and Control Act No. 4 of 2010. He was sentenced to pay a fine of Kshs. 500,000. On appeal, the sentence was substituted with a fine of Kshs. 100,000 in default to serve twelve (12) months imprisonment.
3. The sentence was set to run from the date of arrest on 3rd March 2024. Consequently, the inmate has completed the sentence imposed.
Ruling dated and delivered virtually this 26th day of March 2025. .....................................D. KAVEDZAJUDGE