[2018] KEHC 476 (KLR)
The court found that the Resident Magistrate lacked jurisdiction to entertain and determine the matter under the Alcoholic Drinks Control Act, as the Act specifically defines 'magistrate' to mean one above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate...
Source-derived case information.
- Citation
- [2018] KEHC 476 (KLR)
- Parties
- Applicant: Republic; Respondent: Leah Kilisho
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 39 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- conviction and sentence quashed; fine to be refunded if paid
- Legal Topics
- Jurisdiction of Magistrates, Alcoholic Drinks Control, Conviction on Plea, Community Service Orders
- 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
Leah Kilisho
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether a Resident Magistrate has jurisdiction to hear and determine offences under the Alcoholic Drinks Control Act.
- 2 Whether the conviction and sentence imposed by a Resident Magistrate in such circumstances are valid.
Ratio Decidendi
The court found that the Resident Magistrate lacked jurisdiction to entertain and determine the matter under the Alcoholic Drinks Control Act, as the Act specifically defines 'magistrate' to mean one above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate were null and void. The court therefore quashed both the conviction and the sentence, and ordered that any fine paid be refunded.
Court Disposition
conviction and sentence quashed; fine to be refunded if paid
Orders
- The conviction and sentence imposed by the Resident Magistrate are quashed.
- If the fine was paid, it should be refunded.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL REVISION NO. 39 OF 2018
REPUBLIC...............................................................APPLICANT
VERSUS
LEAH KILISHO...................................................RESPONDENT
(Being Revision of the Order of the Resident Magistrate dated 20th February, 2018in the
Chief MagistrateCourt at Narok, in CriminalCase No. 226 of 2018, Republic V. Leah Kilisho).
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 respondent by placing him on a community service (C.S.O.) for one day at a place to be designated by the probation officer.
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. If the fine was paid, it should be refunded.
7. Orders accordingly.
Order on revision dated this 30th day of November, 2018
J.M. BWONWONGA
JUDGE
30/11/2018