[2023] KEHC 19946 (KLR)
The High Court found that the sentences imposed by the trial court for both counts—manufacturing alcoholic drinks contrary to section 27(1)(b) as read with section 27(4) of the Alcoholic Drinks Control Act, and possession of alcoholic drinks not conforming to the Act—were lawful and within the statutory limits. Upon...
Source-derived case information.
- Citation
- [2023] KEHC 19946 (KLR)
- Parties
- Applicant: Caroline Kirui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E655 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Sentencing Review, Alcoholic Drinks Control, Manufacturing Without License, Possession of Non Compliant Alcohol, Criminal Procedure, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for manufacturing alcoholic drinks contrary to the Alcoholic Drinks Control Act was lawful and appropriate.
- 2 Whether the applicant was entitled to a revision of the sentence imposed by the trial court.
Ratio Decidendi
The High Court found that the sentences imposed by the trial court for both counts—manufacturing alcoholic drinks contrary to section 27(1)(b) as read with section 27(4) of the Alcoholic Drinks Control Act, and possession of alcoholic drinks not conforming to the Act—were lawful and within the statutory limits. Upon reviewing the entire proceedings, the court found no illegality, impropriety, or incorrectness in the sentence. Consequently, the application for revision was dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed for want of merit.
Full Case Text
Judgment text and source record
19 paragraphs
Kirui v Republic (Revision Case E655 of 2022) [2023] KEHC 19946 (KLR) (12 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19946 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E655 of 2022
SM Mohochi, J
July 12, 2023
Between
Caroline Kirui
Applicant
and
Republic
Respondent
Ruling
1. Upon conviction theapplicant was sentenced to pay a fine of Kshs 3,000 for the offence of manufacturing alcoholic drinks contrary to section 27(1)(b) as read together with section 27(4) of the Alcoholic Drink Control Act and upon default she was to serve imprisonment for a term of 2 months.
2. As for the 2nd Count of being possession of alcoholic drink that do not conform with the requirements of the Alcoholic Drinks Control Actsection 27(1)(b) as read together with section 27(4) of the Act, a fine of Kshs.3,00/= upon default to serve imprisonment for two (2) months.All sentences were to run concurrently.
3. The court has been invited to review the sentence and upon calling and reviewing the entire proceedings in Molo CM’s Court E2146 of 2022, this court finds no fault in the sentence.The application is thus dismissed for want of merit.
4It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 12TH JULY 2023Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu