[2024] KEHC 3842 (KLR)
The applicant was properly convicted and sentenced on his own plea of guilty for the offence of possession of alcoholic drinks that do not conform to prescribed standards. The sentence of one month community service was appropriate and has likely been served. The file was erroneously placed before the High Court for...
Source-derived case information.
- Citation
- [2024] KEHC 3842 (KLR)
- Parties
- Applicant: Kenneth Musi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 105 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file returned to lower court; matter closed
- Judges
- DR Kavedza
- Legal Topics
- Plea of Guilty, Sentencing, Alcoholic Drinks Control, Community Service, File Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Musi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was properly convicted and sentenced on his own plea of guilty for possession of non-compliant alcoholic drinks.
- 2 Whether the file was properly placed before the High Court for revision or decongestion purposes.
Ratio Decidendi
The applicant was properly convicted and sentenced on his own plea of guilty for the offence of possession of alcoholic drinks that do not conform to prescribed standards. The sentence of one month community service was appropriate and has likely been served. The file was erroneously placed before the High Court for decongestion, as the applicant is no longer in custody. Therefore, the file should be returned to the lower court for safe custody and the matter closed.
Court Disposition
file returned to lower court; matter closed
Orders
- The file to be returned to the lower court for safe custody.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Musi v Republic (Criminal Revision 105 of 2024) [2024] KEHC 3842 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3842 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 105 of 2024
DR Kavedza, J
April 15, 2024
Between
Kenneth Musi
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicant was convicted on his own plea of guilty for the offense of being in possession of alcoholic drinks that do not conform to prescribed standards of distillation and packing contrary to section 27(1)(b) as read with section 27 (4) of the Alcoholic Drinks Control Act.
2. The applicant was sentenced on 13/03/2024 to community service for one month. The applicant must be out of prison by now.
3. This file was therefore availed before me erroneously for decongestion.
4. The file to be returned to the lower court for safe custody.
5. File closed.
Orders accordingly.
RULING DELIVERED THIS DAY 15TH DAY OF APRIL 2024. D. KAVEDZAJUDGE