[2023] KEHC 3747 (KLR)
The court found that the applicant, having pleaded guilty and been convicted for offences under the Alcoholic Drinks Control Act, was sentenced to pay fines or serve imprisonment in default. The probation report indicated he is a habitual offender and not suitable for a non-custodial sentence. However, the applicant...
Source-derived case information.
- Citation
- [2023] KEHC 3747 (KLR)
- Parties
- Applicant: Joseph Karanja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E549 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revision application dismissed as overtaken by events
- Judges
- HM Nyaga
- Legal Topics
- Alcoholic Drinks Control, Plea of Guilty, Sentencing, Habitual Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Karanja
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is eligible for sentence revision after conviction and sentencing for offences under the Alcoholic Drinks Control Act.
- 2 Whether the applicant qualifies for a non-custodial sentence given his status as a habitual offender.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and been convicted for offences under the Alcoholic Drinks Control Act, was sentenced to pay fines or serve imprisonment in default. The probation report indicated he is a habitual offender and not suitable for a non-custodial sentence. However, the applicant had already been released from prison by the time of the ruling, rendering the application for sentence revision moot. The court held that the request for sentence revision was overtaken by events and closed the file without granting any orders for revision.
Court Disposition
sentence revision application dismissed as overtaken by events
Orders
- The request for sentence revision is overtaken by events and the file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Karanja v Republic (Criminal Revision E549 of 2022) [2023] KEHC 3747 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3747 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Revision E549 of 2022
HM Nyaga, J
April 27, 2023
Between
Joseph Karanja
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the two counts: -Count 1- Being in possession of Alcoholic Drinks that does not conform to the prescribed standards of Alcoholic Drinks Act contrary to Section 27(1) as read with Section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010 Laws of Kenya.The particulars were that on September 14, 2022 at around 0845 hrs at Kiwanja Ndege Area in Njoro Sub County within Nakuru County, was found in possession of Alcoholic namely Changaa to wit 20 litres that does not bear a statement as to its constituents and health warning message which contravenes the said Act.Count 2- Selling Alcoholic Drinks without Liquor Licence contrary to Section 37(1) as read with section 62 of the Alcoholic Drinks Control Act No 4 of 2010 Laws of Kenya.The particulars were that on September 14, 2022 at around 0845 hrs at Kiwanja Ndege Area in Njoro Sub- County within Nakuru County, was found selling alcoholic drink namely changaa to with 20 litres without alcoholic drinks liquor licence which contravenes the said Act.
2. On September 15, 2022 he pleaded guilty to each offence and the court proceeded to convict him on his own plea of guilty and sentenced to pay Ksh 50,000/= on each count in default to serve 7 and 2 months’ imprisonment respectively.
3. The sentence Review Report by Samuel Ndun’gu filed in this Court on January 17, 2023 recommends that the Applicant is not suitable for a non-custodial sentence on grounds that he is a habitual offender having been convicted previously for the same offence and doesn’t seem to learn. However, according to the verbal report received from the Prison officer on April 27, 2023 the accused has since been released from prison. Accordingly, the request for sentence revision is overtaken by events.
4. File closed.
DATED, SIGNED & DELIVERED AT NAKURU THIS 27THAPRIL, 2023. H.M. NYAGAJUDGEIn the presence of:C/A JenifferMs Murunga for stateApplicant –N/A