[2024] KEHC 10125 (KLR)
The court found that there was no merit in the application for revision of sentence. Upon review of the facts and the applicable law, the sentence imposed was neither illegal nor improper. The applicant failed to demonstrate any error or impropriety in the proceedings or the sentence that would warrant the court's...
Source-derived case information.
- Citation
- [2024] KEHC 10125 (KLR)
- Parties
- Applicant: Republic; Respondent: Alaex Kapolon
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E111 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision dismissed
- Judges
- RN Nyakundi
- Legal Topics
- Alcoholic Drinks Control, Unlicensed Sale of Alcohol, Criminal Revision, Sentencing Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alaex Kapolon
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed for selling alcoholic drinks without a liquor licence should be revised under Section 362 of the Criminal Procedure Code.
Ratio Decidendi
The court found that there was no merit in the application for revision of sentence. Upon review of the facts and the applicable law, the sentence imposed was neither illegal nor improper. The applicant failed to demonstrate any error or impropriety in the proceedings or the sentence that would warrant the court's intervention under Section 362 of the Criminal Procedure Code. Accordingly, the application for revision was dismissed under Section 382 of the Code.
Court Disposition
application for revision dismissed
Orders
- The application for revision of sentence is dismissed under Section 382 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Kapolon (Criminal Revision E111 of 2024) [2024] KEHC 10125 (KLR) (13 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10125 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Revision E111 of 2024
RN Nyakundi, J
August 13, 2024
Between
Republic
Prosecution
and
Alaex Kapolon
Accused
Ruling
Background 1. The Applicant was charged withy the offence of Stealing Alcoholic Drinks without liquour Licence Contrary to Section 37 (1) as read with Section 62 of the Alcoholic Drinks Control Act No 4 of 2010. The particulars of the offence are that on 6th day of February, 2024 at around 1100 hrs at Kanamkemer village in Turkana Central Sub- County within Turkana County was found selling assorted wines and spirits at Tambla Wines and Spirit shop without liquor licence
2. This matter was brought before this court Referenced HCRE E111/2024 seeking review of sentence under Section 362 of the CPC. On consideration of the facts of the case, the same lacks merit and it is dismissed under Section 382 of the code.
DATED, SIGNED AND DELIVERED AT ELDOET THIS 13THDAY OF AUGUST 2024………………………………………R. NYAKUNDIJUDGE