[2017] KEHC 361 (KLR)
The court found that the prosecution failed to prove that the substance in the appellant's possession was indeed Kangara or any alcoholic drink as defined by the Alcoholic Drinks Control Act. No government chemist report or other evidence was produced to establish the nature of the liquid. The mere presence of...
Source-derived case information.
- Citation
- [2017] KEHC 361 (KLR)
- Parties
- Appellant: Priscillah Chepchirchir Boen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 193 of 2015
- Procedural Posture
- Criminal Appeal / Ruling on Appeal
- Outcome
- appeal allowed; conviction quashed; sentence set aside
- Judges
- JV Juma
- Legal Topics
- Possession of Illicit Alcohol, Burden of Proof, Plea of Guilty, Evidence Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Priscillah Chepchirchir Boen
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the substance in possession was an alcoholic drink not conforming to the Alcoholic Drinks Control Act.
- 2 Whether a guilty plea absolves the prosecution from proving all elements of the offence.
Ratio Decidendi
The court found that the prosecution failed to prove that the substance in the appellant's possession was indeed Kangara or any alcoholic drink as defined by the Alcoholic Drinks Control Act. No government chemist report or other evidence was produced to establish the nature of the liquid. The mere presence of jerricans with liquid contents was insufficient to support a conviction. The court emphasized that a guilty plea does not relieve the prosecution of its duty to prove all elements of the offence beyond reasonable doubt. Consequently, the conviction was unsafe and could not stand.
Court Disposition
appeal allowed; conviction quashed; sentence set aside
Orders
- The conviction of the appellant is quashed.
- The sentence of three years imprisonment is set aside.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 193 OF 2015
PRISCILLAH CHEPCHIRCHIR BOEN...........APPELLANT
VERSUS
REPUBLIC ........................................................................STATE
RULING
The appellant PRISCILLAH CHEPCHIRCHIR BOEN had filed this appeal challenging her conviction and sentence by the learned Chief Magistrate sitting at the Molo Law Courts. The appellant was on 30/7/2015 arraigned in the lower court on a charge of BEING IN POSSESSION OF AN ALCOHOLIC DRINK THAT DOES NOT CONFORM WITH THE REQUIREMENTS OF THE ALCOHOLIC DRINKS [CONTROL ACT] CONTRARY TO SECTION 27(1) as read with SECTION 27(A) OF THE ALCOHOLIC DRINKS CONTROL ACT, 2010. The particulars of the charge were that
“On the 21st day of July 2015 at Tunet area in Kuresoi District within Nakuru County was found in possession of an alcoholic drink namely Kangara to wit 180 litres that does not conform to the requirements of the above said Act”
The appellant pleaded ‘Guilty’ to the charge. The facts were read out to her and she maintained her plea of ‘Guilty’. The trial magistrate proceeded to convict the appellant and thereafter sentenced her to serve three (3) years imprisonment. Being aggrieved the appellant filed this appeal.
MR. OBUTU Advocate argued the appeal on behalf of the appellant. MR. CHIGITI learned State Counsel opposed the appeal.
As stated earlier the appellant did plead guilty to the charge. The prosecutor proceeded to read out the facts and produced as an exhibit 20 litres of Kangara.
However no evidence was tendered to prove that the liquid in the 9 jerricans was in fact ‘Kangara’. No report from the government chemist was availed to prove what the liquid was. Indeed the learned trial magistrate indicated that what the court saw was
“Court sees 9 20 litres jerry cans with contents”
There is no proof as to what the contents of those jerricans was. It cannot be assumed to have been Kangara.
The prosecution in any case is obliged to prove each and every element of the charge beyond reasonable doubt. The fact that the accused pleads guilty does not absolve the prosecution of that obligation.
In the circumstances the charge against the appellant cannot be said to have been proved. Her conviction was erroneous and is hereby quashed. The three year sentence is also set aside. This appeal succeeds. The appellant is to be set at liberty unless she is otherwise lawfully held.
Dated this 17th day of February, 2017
Mr. Obutu for appellant.
Maureen A. Odero
Judge