[2004] KEHC 1724 (KLR)
The court found that the applicant was convicted under a non-existent section of the Penal Code for Count 1, as Section 154 does not contain any subsection (b) and does not create the offence charged. Consequently, the conviction and sentence on Count 1 were quashed as they were nullities in law. For Count 2, the...
Source-derived case information.
- Citation
- [2004] KEHC 1724 (KLR)
- Parties
- Applicant: Pamella Auma Ombani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 409 of 2004
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Conviction and sentence on Count 1 quashed; sentence on Count 2 upheld.
- Legal Topics
- Quashing Conviction, Sentencing Review, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamella Auma Ombani
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was convicted under a non-existent section of the Penal Code for Count 1.
- 2 Whether the sentence for being drunk and disorderly in Count 2 was lawful.
Ratio Decidendi
The court found that the applicant was convicted under a non-existent section of the Penal Code for Count 1, as Section 154 does not contain any subsection (b) and does not create the offence charged. Consequently, the conviction and sentence on Count 1 were quashed as they were nullities in law. For Count 2, the court held that the sentence for being drunk and disorderly was lawful and regular, and there was no basis for interference. The court ordered that any fine paid under Count 1 be refunded to the applicant.
Court Disposition
Conviction and sentence on Count 1 quashed; sentence on Count 2 upheld.
Orders
- Conviction and sentence on Count 1 are quashed.
- Any fine paid under Count 1 to be refunded to the applicant.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL REVISION CASE NO. 48 OF 2004 (From original Oyugis in Criminal Case No.409 of 2004 of Senior Resident Magistrate Court at Oyugis –B. J. NDEDA ESQ., (DM PROFF)PAMELLA AUMA OMBANI ………………………………………. APPLICANT. VERSUS REPUBLIC ……………………………………………………… RESPONDENT.RULING Applicant seeks for review. She was convicted and sentenced for two counts the first being that of loitering for immoral purpose c/s.154 of the Penal Code. There is no Section like 154 (b) in the penal Code. S.154 P.C. has no sub section. S.154 deals with offence of a woman living an immoral earning or aiding or abetting prostitution. The applicant was therefore tried on non-existence section. I quash conviction and sentence Count 1. If fine was paid it be refunded.
In Count 2 that of being drunk and disorderly. She was find shs.500/= i/d 7 days imprisonment. There was nothing illegal or wrong with that sentence and I decline to interfere with the same.
Dated 30th day of July 2004 KABURU BAUNI
JUDGE