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Kenya decisions
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Republic v Bernard Langat [2018] KEHC 361 (KLR)
The High Court quashed a guilty plea conviction and sentence because the Resident Magistrate lacked jurisdiction under the Alcoholic Drinks Control Act.
Republic v Simon Muigai Njenga [2018] KEHC 165 (KLR)
The Resident Magistrate lacked jurisdiction to try offences under the Alcoholic Drinks Control Act because the Act restricts jurisdiction to magistrates above the rank of Resident Magistrate. Consequently, the proceedings, conviction, and sentence were null and void. Additionally, the sentence imposed was irregular as it failed to specify the place and conditions for community service and was too short to achieve deterrence or rehabilitation. The High Court therefore quashed both the conviction and sentence.
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Republic v Lesinko Kotioko [2018] KEHC 2076 (KLR)
The High Court at Narok held that a Resident Magistrate lacked jurisdiction under the Alcoholic Drinks Control Act and quashed the conviction and sentence.
Republic v Erick Mwiti Karemi [2018] KEHC 186 (KLR)
The High Court quashed a conviction and sentence because the Resident Magistrate lacked jurisdiction under the Alcoholic Drinks Control Act.
Republic v Kibarisho Chepukel [2018] KEHC 478 (KLR)
The Resident Magistrate lacked jurisdiction to entertain and determine the offence under Section 33 (i) (ii) of the Alcoholic Drinks Control Act because the Act defines 'magistrate' as one above the rank of Resident Magistrate. Consequently, both the conviction and sentence imposed by the Resident Magistrate are null and void and must be quashed. Any fine paid pursuant to the void order must be refunded.
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Republic v Paul Meroe & 5 others [2018] KEHC 174 (KLR)
The High Court quashed a conviction and sentence after finding the Resident Magistrate lacked jurisdiction under the Alcoholic Drinks Control Act.
Ann Munyiva v Republic [2017] KEHC 6080 (KLR)
The High Court quashed Ann Munyiva’s conviction and set aside the sentence after finding the plea was not properly taken and the accused was not told which charges remained.
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