[2024] KEHC 3843 (KLR)
The applicants were jointly charged and convicted on their own unequivocal plea of guilty for the offence of being drunk and disorderly under section 33(2) of the Alcoholic Drinks Control Act, 2010. The sentence imposed—a fine of Kshs 300 or, in default, 14 days imprisonment—was lawful and proportionate to the...
Source-derived case information.
- Citation
- [2024] KEHC 3843 (KLR)
- Parties
- Applicant: Patrick Muiruri; Applicant: Victor Ogori; Applicant: Elkana Adanje; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 107 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file closed; no further orders necessary
- Judges
- DR Kavedza
- Legal Topics
- Plea of Guilty, Sentencing, Summary Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Muiruri
Applicant
Victor Ogori
Applicant
Elkana Adanje
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicants were properly convicted on their own plea of guilty for being drunk and disorderly.
- 2 Whether the sentence imposed was appropriate and has been served.
Ratio Decidendi
The applicants were jointly charged and convicted on their own unequivocal plea of guilty for the offence of being drunk and disorderly under section 33(2) of the Alcoholic Drinks Control Act, 2010. The sentence imposed—a fine of Kshs 300 or, in default, 14 days imprisonment—was lawful and proportionate to the offence. The court noted that the applicants must have served their sentence to completion by the time of this ruling. There being no outstanding issue for revision, the file was ordered closed.
Court Disposition
file closed; no further orders necessary
Orders
- The file is closed as the applicants have served their sentence.
Full Case Text
Judgment text and source record
23 paragraphs
Muiruri & 2 others v Republic (Criminal Revision 107 of 2024) [2024] KEHC 3843 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3843 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 107 of 2024
DR Kavedza, J
April 15, 2024
Between
Patrick Muiruri
1st Applicant
Victor Ogori
2nd Applicant
Elkana Adanje
3rd Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicants were jointly charged and convicted on their own plea of guilty for the offense of being drunk and disorderly contrary to section 33(2) of the Alcoholic Drinks Control Act, 2010.
2. The applicants were sentenced to pay a fine of Kshs 300/= and in default to serve 14 days imprisonment, with effect from 14/03/2024.
3. The applicants must have served their sentence to completion by now.
4. File closed.Orders accordingly.
RULING DELIVERED THIS DAY 15TH DAY OF APRIL 2024. ....................D. KAVEDZAJUDGE