[2022] KEHC 10572 (KLR)
The court found that since the applicant had already completed the sentence imposed for the offence of being in possession of alcoholic drinks, there was no need to review the sentence. However, the court directed that if the applicant was still in custody, she should be released forthwith unless held for any other...
Source-derived case information.
- Citation
- [2022] KEHC 10572 (KLR)
- Parties
- Applicant: Rose Kemunto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E038 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision dismissed as spent; release ordered if applicant still in custody.
- Judges
- JN Kamau
- Legal Topics
- Possession of Alcoholic Drinks, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Kemunto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence requires revision given that the sentence has already been served.
- 2 Whether the applicant should be released if still in custody.
Ratio Decidendi
The court found that since the applicant had already completed the sentence imposed for the offence of being in possession of alcoholic drinks, there was no need to review the sentence. However, the court directed that if the applicant was still in custody, she should be released forthwith unless held for any other lawful cause. The decision was based on the principle that a sentence already served cannot be revised and that continued detention after completion of sentence is unlawful.
Court Disposition
Application for revision dismissed as spent; release ordered if applicant still in custody.
Orders
- If the applicant is still in custody, she shall be released forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Kemunto v Republic (Criminal Revision E038 of 2022) [2022] KEHC 10572 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10572 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E038 of 2022
JN Kamau, J
August 4, 2022
Between
Rose Kemunto
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged and convicted on his plea of guilty of the offences of being in possession of alcoholic drinks contrary to Section 27(1)(b) as read with Section 27(4) of the Alcoholic Drinks Control Act No. 4 of 2010. He was fined Ksh 50,000/- or in default to serve six (6) months imprisonment on 7/3/2022. He has since completed his sentence and hence there will be no need to review the same. However, in the unlikely event that he is still in custody, it is hereby directed that he be released from custody forthwith unless he be held for any other lawful cause. Orders accordingly.
DATED and DELIVERED at NYAMIRA on this 4th August 2022J. KAMAUJUDGE