[2024] KEHC 3847 (KLR)
The court found that the applicants were jointly charged and convicted on their own 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 was a fine of Kshs. 300 or, in default, 14 days imprisonment. The record showed that...
Source-derived case information.
- Citation
- [2024] KEHC 3847 (KLR)
- Parties
- Applicant: Julius Otieno; Applicant: Richard Sosi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 108 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file closed; no further orders necessary
- Judges
- DR Kavedza
- Legal Topics
- Plea of Guilty, Sentencing, Alcohol Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Otieno
Applicant
Richard Sosi
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 properly executed and satisfied.
Ratio Decidendi
The court found that the applicants were jointly charged and convicted on their own 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 was a fine of Kshs. 300 or, in default, 14 days imprisonment. The record showed that each applicant paid Kshs. 279 as a fine, which was accepted by the court, and therefore the applicants must have been released from prison. There was no further issue for determination, and the file was accordingly closed.
Court Disposition
file closed; no further orders necessary
Orders
- The applicants having paid the fine, they must have been released from prison.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Otieno & another v Republic (Criminal Revision 108 of 2024) [2024] KEHC 3847 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3847 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 108 of 2024
DR Kavedza, J
April 15, 2024
Between
Julius Otieno
1st Applicant
Richard Sosi
2nd 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 on 14/03/2024 to pay a fine of Kshs. 300/= and in default to serve 14 days imprisonment.
3. From the record, a fine of Kshs. 279/= was paid on 15/03/2024 for each of the applicants. Therefore, the applicants must have been released from prison by now.
4. File closed.
Orders accordingly.
RULING DELIVERED THIS DAY 15TH DAY OF APRIL 2024. D. KAVEDZAJUDGE