[2015] KEHC 5438 (KLR)
The court found that the Alcoholic Drinks Control Act does not recognize Kangara or any substance used in distilling chang'aa as an alcoholic drink under Section 2. There is no offence under the Act for being in possession of substances used in distilling an alcoholic drink. The particulars in the charge sheet...
Source-derived case information.
- Citation
- [2015] KEHC 5438 (KLR)
- Parties
- Applicant: Nancy Torongei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 6 of 2015
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- conviction quashed and sentence set aside
- Judges
- HI Ong'udi
- Legal Topics
- Alcoholic Drinks Control, Plea Taking, Defective Charge Sheet
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Torongei
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether possession of Kangara or substances used in distilling chang'aa constitutes an offence under the Alcoholic Drinks Control Act.
- 2 Whether the charge sheet disclosed an offence known to law.
- 3 Whether the applicant's plea was valid given the defective charge.
Ratio Decidendi
The court found that the Alcoholic Drinks Control Act does not recognize Kangara or any substance used in distilling chang'aa as an alcoholic drink under Section 2. There is no offence under the Act for being in possession of substances used in distilling an alcoholic drink. The particulars in the charge sheet contradicted the charge, and the applicant should not have been allowed to plead to it. As a result, the conviction was quashed and the sentence set aside.
Court Disposition
conviction quashed and sentence set aside
Orders
- The conviction is quashed.
- The sentence is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL REVISION NO. 6 OF 2015
NANCY TORONGEI.................….................................APPLICANT
VERSUS
REPUBLIC …...........................................................RESPONDENT
(Arising from Bomet Resident Magistrate's Court
Criminal Case No. 120 of 2015)
R U L I N G
This file was called for after my visit to the Women's Prison Kericho on 26th March, 2015.
The applicant pleaded guilty to a charge of being in possession of an alcoholic drink namely Kangara, a substance used in distilling chang'aa.
Section 2 which defines what an alcoholic drink is, has no mention of Kangara or any substance used in distilling chang'aa or any alcoholic drink.
There is no offence under the Alcoholic Drinks Control Act known as being in possession of substances used in distilling an alcoholic drink.
The particulars in the charge sheet contradict the charge and the applicant should not have been allowed to plead to it.
The conviction is quashed and sentence set aside. The applicant to be released forthwith unless lawfully held under a separate warrant.
Dated and signed this 10th day of April, 2015
H.I. ONG'UDI
JUDGE