[2023] KEHC 19604 (KLR)
The applicant was convicted on her own unequivocal plea of guilty for the offence of being in possession of alcoholic drinks contrary to the Alcoholic Drinks Control Act. The sentence imposed by the trial court, a fine of Kshs. 20,000 or six months imprisonment, was within the statutory limits. The applicant has...
Source-derived case information.
- Citation
- [2023] KEHC 19604 (KLR)
- Parties
- Applicant: Felister Kwamboka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E085 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Revision file closed; no further orders issued as the applicant has completed her sentence.
- Judges
- WA Okwany
- 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
Felister Kwamboka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for possession of alcoholic drinks contrary to the Alcoholic Drinks Control Act.
- 2 Whether there is any basis for revision of the conviction or sentence.
Ratio Decidendi
The applicant was convicted on her own unequivocal plea of guilty for the offence of being in possession of alcoholic drinks contrary to the Alcoholic Drinks Control Act. The sentence imposed by the trial court, a fine of Kshs. 20,000 or six months imprisonment, was within the statutory limits. The applicant has since completed her sentence and has been released from prison. There is no basis for further revision or intervention by the High Court. Accordingly, the revision file is ordered closed.
Court Disposition
Revision file closed; no further orders issued as the applicant has completed her sentence.
Orders
- This Revision file be closed.
Full Case Text
Judgment text and source record
17 paragraphs
Kwamboka v Republic (Criminal Revision E085 of 2023) [2023] KEHC 19604 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19604 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E085 of 2023
WA Okwany, J
June 29, 2023
Between
Felister Kwamboka
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E047 of 2023 by Hon. B.M. Kimutai, Principal Magistrate on 30th January 2023))
Ruling
1. The Applicant was convicted on her own plea of guilty of the offence 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. The trial court sentenced her to pay a fine of Kshs. 20,000/= or serve 6 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated 22nd June 2023 indicates that the Applicant was released from GK Kisii Prison on 30th May 2023 upon completion of her sentence. It is hereby directed that this Revision file be closed.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE