[2018] KEHC 345 (KLR)
The Resident Magistrate did not have jurisdiction to hear and determine offences under the Alcoholic Drinks Control Act, as the Act expressly defines 'magistrate' to mean a magistrate above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate are null and...
Source-derived case information.
- Citation
- [2018] KEHC 345 (KLR)
- Parties
- Applicant: Republic; Respondent: Brian Irungu & 4 Others
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 33 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- conviction and sentence quashed; warrants set aside; fines to be refunded
- Legal Topics
- Jurisdiction of Magistrates, Drunk and Disorderly Offences, Alcoholic Drinks Control Act, Conviction on Plea of Guilty
- 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
Brian Irungu & 4 Others
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether a Resident Magistrate has jurisdiction under the Alcoholic Drinks Control Act to hear and determine offences under Section 33 (i) (ii).
- 2 Whether the conviction and sentence imposed by a Resident Magistrate in such circumstances are valid.
Ratio Decidendi
The Resident Magistrate did not have jurisdiction to hear and determine offences under the Alcoholic Drinks Control Act, as the Act expressly defines 'magistrate' to mean a magistrate above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate are null and void. The court quashed both the conviction and sentence, set aside any warrants of arrest issued, and ordered a refund of any fines paid, as all actions taken without jurisdiction are invalid in law.
Court Disposition
conviction and sentence quashed; warrants set aside; fines to be refunded
Orders
- The conviction and sentence imposed by the Resident Magistrate are quashed.
- Any warrants of arrest issued for the 2nd, 3rd, and 6th accused are set aside.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL REVISION NO. 33 OF 2018
REPUBLIC…………………………………………...APPLICANT
VERSUS
BRIAN IRUNGU & 4 OTHERS…………………RESPONDENT
(Being Revision of the Order of the Resident Magistrate dated 12th February, 2018 in the Chief Magistrate Court at Narok, in Criminal Case No. 190 of 2018, Republic V. Brian Irungu & 4 Others).
ORDER ON REVISION
1. This matter has been reported by the Chief Magistrate (Hon. W.A. Juma) for orders in respect of the order of the learned Resident Magistrate (Hon. A.N. Sisenda) in which she convicted the respondent on his own plea of guilty for being drunk and disorderly contrary to Section 33 (i) (ii) of the Alcoholic Drinks Control Act No. 4 of 2010. She then proceeded to sentence the 4th and 5th respondents to a fine of shs.500/= in default to serve seven days imprisonment.
2. In her report to this court the Chief Magistrate has indicated that the trial court lacked jurisdiction to entertain and determine this matter. In this regard, the definition of “magistrate” in the interpretation section of the Alcoholic Drinks Control Act in section 2 means “A magistrate who is above the rank of the Resident Magistrate.”
3. It therefore follows that Hon. Sisenda who holds the rank of Resident Magistrate did not have jurisdiction to entertain and determine this matter.
4. It also follows that the order made by the learned resident magistrate is null and void.
5. In the circumstances both the conviction and sentence are hereby quashed.
6. Since the learned Resident Magistrate did not have jurisdiction the order that warrants for the arrest of the 2nd accused , 3rd accused and 6th accused to remain in force in improper and the order is therefore set aside.
7. If the fine was paid, it should be refunded.
8. Orders accordingly.
Order on revision dated this 7th day of December, 2018
J.M. BWONWONGA
JUDGE
7/12/2018