[2019] KEHC 9460 (KLR)
The court found that the applicant pleaded guilty to the charge of operating a bar without a licence. The documents relied upon by the applicant, namely a receipt and a permit, did not relate to the applicant or the premises named in the charge sheet. There was no demonstrated nexus between the applicant and the...
Source-derived case information.
- Citation
- [2019] KEHC 9460 (KLR)
- Parties
- Appellant: Lydia Bochaberi; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Revision Case 03 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
- Outcome
- application for revision dismissed
- Legal Topics
- Alcoholic Drinks Control, Licensing Offences, Plea of Guilty, Sentencing, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Bochaberi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Conviction and Sentence
Legal Issues
- 1 Whether the conviction and sentence for operating a bar without a licence was irregular or unlawful.
- 2 Whether the evidence presented by the applicant established a valid licence or justified revision of the lower court's decision.
Ratio Decidendi
The court found that the applicant pleaded guilty to the charge of operating a bar without a licence. The documents relied upon by the applicant, namely a receipt and a permit, did not relate to the applicant or the premises named in the charge sheet. There was no demonstrated nexus between the applicant and the documents. The proceedings in the lower court were regular, and the sentence imposed was within the law. Therefore, there was no basis for the court to exercise its revisionary jurisdiction to interfere with the conviction or sentence.
Court Disposition
application for revision dismissed
Orders
- The application for revision is dismissed.
- The order be certified to the lower court.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
REVISION NO. 03 OF 2019
LYDIA BOCHABERI........................APPELLANT
=VRS=
THE REPUBLIC.............................RESPONDENT
{From original Conviction and Sentence of Hon. C. W. Waswa – RM in the Original Nyamira Chief Magistrate’s Court Criminal Case No. 285 of 2019}
RULING
This file has been placed before me for revision. The applicant pleaded guilty to a charge of operating a bar without a licence contrary to Section 14 (3) (1) as read with Section 34 (a) of the Alcoholic Drinks Control Act. I have seen a letter from the County Government of Nyamira dated 19th February 2019 to the effect that the licences for this year are yet to be issued. I have also seen a Receipt No. 132309 showing that a sum of Kshs. 1,000/= was paid by one Naom Ondieki (N & N Bar) as application for a licence. The receipt does not in any way relate to this applicant or the pub in the charge sheet and if it does no nexus has been demonstrated. Permit No. 2018/13153 which is annexed to the receipt was issued to N & N WINES (Naomi Ondieki) but not Lydia Bochaberi of Nyakwerigeria Pub. I see no irregularity in the proceedings in the lower court and the sentence imposed is within the law. Accordingly, the application for revision is dismissed. The order be certified to the lower court.
E. N. MAINA – J
27/02/2019