[2016] KEHC 5818 (KLR)
The trial court imposed a fine of Kshs 40,000 in default of three months imprisonment for the offence of possessing alcoholic drink contrary to the Alcoholic Drinks Control Act. However, Section 28(2) of the Penal Code provides that a sentence of three months imprisonment attracts a fine not exceeding Kshs 15,000....
Source-derived case information.
- Citation
- [2016] KEHC 5818 (KLR)
- Parties
- Applicant: Patrick Wekesa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Revision Case 3 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised; fine reduced to statutory maximum
- Judges
- BT Jaden
- Legal Topics
- Sentencing Revision, Illegal Sentence, Alcoholic Drinks Control, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Wekesa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court exceeded the statutory maximum for the offence charged.
- 2 Whether the applicant is entitled to a revision of sentence under the Penal Code.
Ratio Decidendi
The trial court imposed a fine of Kshs 40,000 in default of three months imprisonment for the offence of possessing alcoholic drink contrary to the Alcoholic Drinks Control Act. However, Section 28(2) of the Penal Code provides that a sentence of three months imprisonment attracts a fine not exceeding Kshs 15,000. The sentence imposed by the trial court was therefore illegal. The High Court, exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, corrected the sentence to conform to the statutory maximum, reducing the fine to Kshs 15,000 in default of three months imprisonment.
Court Disposition
sentence revised; fine reduced to statutory maximum
Orders
- The sentence of a fine of Kshs 40,000 in default three months imprisonment is set aside.
- The sentence is substituted with a fine of Kshs 15,000 in default three months imprisonment.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
REVISION NO. 3 OF 2016
(Being an Appeal from the conviction and sentence of the Kitale Senior ResidentMagistrate
V. O. Adetdelivered on 12th February, 2016 in Criminal Case NO. 702 of 2016)
PATRICK WEKESA..................................................APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
R U L I N G
1. The applicant , PATRICK WEKESAwas charged with the offence of Possessing Alcoholic Drink that does not conform to the requirement of Alcoholic drinks control Act contrary to section 27(10(6) as read with section 27(4) of the Alcoholic drinks control Act NO. 4 of 2010.
The particulars are that on 11th day of February 2016 at Bwayi within Trans Nzoia County was found possessing alcoholic drink that does not conform to the requirements of Alcoholic Drink Control Act namely 20 litres changaa without a Liquor Licence issued by Sub-county Alcoholic Regulation Committee as stipulated by section 8(1) of the Alcoholic Drinks Control Act No. 4 of 2010.
2. The appellant pleaded guilty and was convicted and sentenced to a fine of Kshs 40,000/- in default three (3) months imprisonment. The appellant has applied for the revision of the sentence. The appellant has stated that he is the sole bread winner of his family. He has also stated that he is asthmatic and unable to pay the fine.
3. I have considered the application and the provisions of section 362 and 364 of the Penal Code. Under Section 28 (2) of the Penal Code, a sentence of three (3) months attracts a fine not exceeding kshs 15,000/- .
The fine of Kshs 40,000/- in default three (3) months imprisonment imposed by the Trial Court us therefore illegal.
I correct the same to read Kshs 15,000/- in default three(3) months imprisonment.
Orders accordingly.
__________________
B. THURANIRA JADEN
JUDGE
Dated and delivered at Kitale this 23rd day of march 2016.
___________________
B. THURANIRA JADEN
JUDGE