[2022] KEHC 12843 (KLR)
The court found that the applicant had already served the sentence imposed by the trial court for the offence of being found in possession of alcoholic drinks. As there was no outstanding sentence or fine, and no further legal issue remained for determination, the court ordered the file closed and issued no further...
Source-derived case information.
- Citation
- [2022] KEHC 12843 (KLR)
- Parties
- Applicant: William Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E021 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application disposed; file closed as sentence already served.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Possession of Alcoholic Drinks, Alcoholic Drinks Control Act, Summary Disposal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for possession of alcoholic drinks was properly served and if any further orders are necessary.
Ratio Decidendi
The court found that the applicant had already served the sentence imposed by the trial court for the offence of being found in possession of alcoholic drinks. As there was no outstanding sentence or fine, and no further legal issue remained for determination, the court ordered the file closed and issued no further orders. The matter was thus disposed of summarily, as the purpose of the revision had been overtaken by events.
Court Disposition
Application disposed; file closed as sentence already served.
Orders
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ochieng v Republic (Criminal Revision E021 of 2022) [2022] KEHC 12843 (KLR) (8 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12843 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E021 of 2022
RE Aburili, J
August 8, 2022
Between
William Ochieng
Applicant
and
Republic
Respondent
(An application seeking revision of sentence, arising from conviction and sentence in Siaya Chief Magistrates’ Court in Criminal Case No E073/2022)
Ruling
1. The convict William Ochieng was on March 1, 2022 convicted and sentenced to serve thirty (30) days imprisonment in default of payment of a fine of kshs 7,000/= for the offence of being found in possession of alcoholic drinks contrary to section 22(1)(b) as read with section 31(1)(b) of the Alcoholic Drinks Control Act.
2. He has already served sentence.
3. This file is closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THDAY OF AUGUST, 2022R E ABURILIJUDGE