[2022] KEHC 12298 (KLR)
The court found that the applicant, having been convicted on his own plea of guilty for dealing with alcoholic drinks without a licence and having completed the sentence imposed, should be released from custody unless held for any other lawful cause. The court emphasized that continued detention after completion of...
Source-derived case information.
- Citation
- [2022] KEHC 12298 (KLR)
- Parties
- Applicant: Aurelia Kerubo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E013 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- JN Kamau
- Legal Topics
- Alcoholic Drinks Control, Licensing Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aurelia Kerubo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for dealing with alcoholic drinks without a licence.
- 2 Whether the applicant should be released from custody after completing the sentence.
Ratio Decidendi
The court found that the applicant, having been convicted on his own plea of guilty for dealing with alcoholic drinks without a licence and having completed the sentence imposed, should be released from custody unless held for any other lawful cause. The court emphasized that continued detention after completion of sentence is unlawful unless justified by another legal basis.
Court Disposition
application allowed
Orders
- The applicant is to be released from custody unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Kerubo v Republic (Criminal Revision E013 of 2022) [2022] KEHC 12298 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12298 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E013 of 2022
JN Kamau, J
August 3, 2022
Between
Aurelia Kerubo
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of dealing with alcoholic drinks without licence contrary to section 7 (1)(b) as read with section 34(a) of the Alcoholic Drinks Control Act No. 4 of 2010. He was convicted on his own plea of guilty and was fined Kshs. 20,000/- in default to serve six (6) months imprisonment on 3/3/2022. He has since completed his sentence. It is hereby directed that he be released from custody unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE