[2014] KEHC 4658 (KLR)
The court found that the sentence imposed on the applicants—Ksh. 30,000 fine or five months imprisonment in default—was within the statutory limits set by Section 34(a) of the Alcoholic Drinks Control Act 2010, which prescribes a maximum fine of Ksh. 50,000 or imprisonment for up to nine months. There was no...
Source-derived case information.
- Citation
- [2014] KEHC 4658 (KLR)
- Parties
- Respondent: Republic; Applicant: Mark Nderitu; Applicant: Jeruto Rashia
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 26 of 2014
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- GO Shikwe
- Legal Topics
- Sentencing Principles, Alcohol Control Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mark Nderitu
Applicant
Jeruto Rashia
Applicant
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for selling liquor at unauthorized hours was illegal or excessive under Section 34(a) of the Alcoholic Drinks Control Act.
- 2 Whether there is any basis for the High Court to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the sentence imposed on the applicants—Ksh. 30,000 fine or five months imprisonment in default—was within the statutory limits set by Section 34(a) of the Alcoholic Drinks Control Act 2010, which prescribes a maximum fine of Ksh. 50,000 or imprisonment for up to nine months. There was no illegality or impropriety in the sentence, and one applicant had already paid the fine and been released. The application for revision lacked merit as there was no basis for the High Court to interfere with a lawful sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- No interference with the sentence imposed by the trial court.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 26 OF 2014
REPUBLIC …......….....................................................….. RESPONDENT
VERSUS
MARK NDERITU
JERUTO RASHIA ……….……........................................…APPLICANTS
RULING
The application for review is vide a letter dated 22nd May, 2014 which seeks the review in PCR 456 of 2014 Accused JERUTO RASHIA.
The two (2) were charged with the offence of selling liquor at un authorized hours contrary to Section 34(a) of the Alcoholic drinks Control Act.
They each pleaded guilty and were subsequently Convicted and fined Ksh. 30,000/= in default five (5) months imprisonment. In the same letter which forms the basis of the revision application it is conceded that under Section 34(a) of the Alcoholic drinks Act 2010 the maximum fine is Ksh. 50,000/= or to imprisonment for a term not exceeding nine (9) months. In the present case the Accused persons were fined Ksh. 30,000/= in default five (5) months imprisonment which is well within the sentence imposed by law.
I find no illegality on the Sentence. It is noted that one of the applicants has already been released upon paying the fine.
The application has no merit and its dismissed. No reason to interfere with the Sentence.
Ruling delivered dated and signed this 30th day of May, 2014.
….................
M. MUYA
JUDGE
30TH MAY, 2014
In the presence of:-
Learned Counsel for the Defence Mr. Omari
Learned Counsel for the State Mr. Kiprop
Court clerk Musundi