[2018] KEHC 344 (KLR)
The Resident Magistrate lacked jurisdiction to entertain and determine the offence under the Alcoholic Drinks Control Act because the Act defines 'magistrate' as one above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate were null and void. The High Court...
Source-derived case information.
- Citation
- [2018] KEHC 344 (KLR)
- Parties
- Applicant: Republic; Respondent: Stanley Ochieng Onyango
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 34 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, Plea of Guilty, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stanley Ochieng Onyango
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 Resident Magistrate lacked jurisdiction to entertain and determine the offence under the Alcoholic Drinks Control Act because the Act defines 'magistrate' as one above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate were null and void. The High Court quashed both the conviction and sentence, and ordered a refund of any fine paid, as the proceedings were a nullity for want of jurisdiction.
Court Disposition
conviction and sentence quashed; fine to be refunded if paid
Orders
- Both the conviction and sentence are quashed.
- If the fine was paid, it should be refunded.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL REVISION NO. 34 OF 2018
REPUBLIC.............................................................APPLICANT
-VERSUS-
STANLEY OCHIENG ONYANGO.................RESPONDENT
(Being Revision of the Order of the Resident Magistrate dated 15th February, 2018 in the Chief Magistrate Court at Narok, in Criminal Case No. 205of 2018, Republic V. Stanley Ochieng Onyango).
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 7th day of December, 2018
J.M. BWONWONGA
JUDGE
7/11/2018