[2013] KEHC 1995 (KLR)

[2013] KEHC 1995 (KLR)

The court found that while the original sentence imposed fines of Ksh. 10,000 and Ksh. 20,000 for the two counts of possession of alcoholic drink not conforming to statutory requirements, a reduction was warranted. The sentence was adjusted to Ksh. 10,000 on each count, with a default of two months' imprisonment per...

Source-derived case information.

Citation
[2013] KEHC 1995 (KLR)
Parties
Applicant: Susan Nabwire; Respondent: Republic
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Revision Case 104 of 2013
Procedural Posture
Criminal Revision / Ruling
Outcome
sentence varied and reduced
Judges
GO Shikwe
Legal Topics
Sentencing, Possession of Illicit Alcohol, Alcoholic Drink Control Act, Consecutive Sentences
Source Language
en
Criminal Law Sentencing Possession of Illicit Alcohol Alcoholic Drink Control Act Consecutive Sentences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Susan Nabwire

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the sentence imposed for possession of alcoholic drink not conforming to statutory requirements was appropriate under the Alcoholic Drink Control Act, 2010.
  2. 2 Whether the sentences should run consecutively or concurrently.

Ratio Decidendi

The court found that while the original sentence imposed fines of Ksh. 10,000 and Ksh. 20,000 for the two counts of possession of alcoholic drink not conforming to statutory requirements, a reduction was warranted. The sentence was adjusted to Ksh. 10,000 on each count, with a default of two months' imprisonment per count. The court further ordered that the sentences run consecutively, reflecting the seriousness of the offences and the statutory framework under the Alcoholic Drink Control Act, 2010.

Court Disposition

sentence varied and reduced

Orders

  • The sentence is reduced to Ksh. 10,000 on each of the two counts, in default two months' imprisonment per count.
  • Sentences to run consecutively.