[2018] KEHC 320 (KLR)
The court found that the Resident Magistrate who convicted and sentenced the respondent for being drunk and disorderly under the Alcoholic Drinks Control Act did not have jurisdiction to do so, as the Act specifically restricts such jurisdiction to magistrates above the rank of Resident Magistrate. Consequently,...
Source-derived case information.
- Citation
- [2018] KEHC 320 (KLR)
- Parties
- Applicant: Republic; Respondent: Vivian Rotich
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 47 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- conviction and sentence quashed; fine to be refunded if paid
- Legal Topics
- Jurisdiction of Magistrate, Alcoholic Drinks Control, Plea of Guilty, Sentencing, Conviction Quashed
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vivian Rotich
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 the 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 who convicted and sentenced the respondent for being drunk and disorderly under the Alcoholic Drinks Control Act did not have jurisdiction to do so, as the Act specifically restricts such jurisdiction to magistrates above the rank of Resident Magistrate. Consequently, both the conviction and sentence were null and void ab initio. The court therefore quashed the conviction and sentence and ordered a refund of any fine paid.
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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL REVISION NO. 47 OF 2018
REPUBLIC.........................................................................APPLICANT
-VERSUS-
VIVIAN ROTICH..........................................................RESPONDENT
(Being Revision of the Order of the Resident Magistrate dated 22nd February, 2018
in the Chief Magistrate Court at Narok,in Criminal Case No. 239 of 2018,
Republic V. Vivian Rotich).
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 to a fine of Shs.20,000/= in default to serve 3 months imprisonment in count one and Shs.15,000/= in default to serve 2 months imprisonment in count two.
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
7/12/2018