[2018] KEHC 112 (KLR)
The court found that the resident magistrate who took the plea lacked jurisdiction as required by law for the offence charged under the Alcoholic Drinks Control Act. Consequently, the conviction entered by the resident magistrate was null and void. Since the subsequent sentence by the chief magistrate was based on a...
Source-derived case information.
- Citation
- [2018] KEHC 112 (KLR)
- Parties
- Applicant: Republic; Respondent: Alfred Sigei
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 22 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- conviction and sentence quashed; respondent to be set free; no retrial ordered
- Legal Topics
- Jurisdiction of Magistrates, Plea Taking Procedure, Alcoholic Drinks Control, Conviction Nullity
- 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
Republic
Applicant
Alfred Sigei
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the resident magistrate had jurisdiction to take the plea for the offence charged.
- 2 Whether the conviction and sentence were valid given the jurisdictional defect.
- 3 Whether a retrial should be ordered after quashing the conviction.
Ratio Decidendi
The court found that the resident magistrate who took the plea lacked jurisdiction as required by law for the offence charged under the Alcoholic Drinks Control Act. Consequently, the conviction entered by the resident magistrate was null and void. Since the subsequent sentence by the chief magistrate was based on a void conviction, it too was without jurisdiction and invalid. The court quashed both the conviction and sentence. Considering that the respondent had already served over six months of the default sentence, the court determined that the ends of justice had been met and a retrial was unnecessary. The respondent was ordered to be set free unless otherwise lawfully held, and any...
Court Disposition
conviction and sentence quashed; respondent to be set free; no retrial ordered
Orders
- The conviction and order recorded against the respondent are quashed.
- The respondent is ordered to be set free unless otherwise held on other lawful warrants.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL REVISION NO. 22 OF 2018
REPUBLIC.......................................................APPLICANT
-VERSUS-
ALFRED SIGEI...........................................RESPONDENT
(From the original conviction and sentence dated 6th March 2018 in the Chief Magistrates Court
at Narok in Criminal Case No. 309 of 2018, Republic V. Alfred Sigei.
ORDER ON REVISION
1. The respondent was convicted and sentenced on his own plea of guilty to a fine of shs.80,000/= in default to serve six (6) months imprisonment by the resident magistrate in respect of being found in possession of 25 litres of changaa, contrary to section 27(1) (b) (4) of the Alcoholic Drinks Control Act of 2010. The particulars alleged that the changaa was in a plastic jerican that bore no label as to its contents and it also did not contain any health warning.
2. Pursuant to the provisions of section 363 of Criminal Procedure Code (Cap. 75) Laws of Kenya the chief magistrate has reported this matter to this court for orders on revision. She has pointed out that the trial court (Hon. Sisenda) lacked jurisdiction to take the plea in respect of this offence. The plea of guilty ought to have been taken by a magistrate holding the rank above that of a resident magistrate.
3. In the circumstances, I find that since Hon. Sisenda held the rank of resident magistrate, did not have jurisdiction to take the plea. It therefore follows that her order of convicting the respondent is null and void.
4. After convicting the respondent Hon. Sisenda forwarded the case of the respondent to the chief magistrate (Hon. W. Juma) for sentencing pursuant to section 221(1) of the Criminal Procedure Code. Hon. W. Juma then sentenced the respondent to a fine of shs.80,000/= in default to serve six (6) months imprisonment.
5. The sentence by the chief magistrate was also without jurisdiction, because the order of conviction was recorded by a court which equally lacked jurisdiction.
6. The upshot of the foregoing is that the conviction and order recorded against respondent are hereby quashed.
7. The only issue of consideration is whether I should order for a retrial; in view of the amount of changaa.
8. I find that the respondent has served over six months of his default sentence. The ends of justice have been met and a re-trial is not necessary. If the respondent had paid a fine of shs.80,000/= it should be refunded to him.
9. The upshot of the foregoing is that the respondent is hereby ordered to be set free unless otherwise held on other lawful warrants.
Order on revision dated this 13th day of December, 2018
J. M. BWONWONGA
JUDGE
13/12/2018