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Criminal Law [2018] KEHC 345 (KLR)

Republic v Brian Irungu & 4 others

Republic v Brian Irungu & 4 others [2018] KEHC 345 (KLR)

Court
High Court
Case number
Criminal Revision 33 of 2018

The Resident Magistrate did not have jurisdiction to hear and determine offences under the Alcoholic Drinks Control Act, as the Act expressly defines 'magistrate' to mean a magistrate above the rank of Resident Magistrate. Consequently, the conviction and sentence imposed by the Resident Magistrate are null and void. The court quashed both the conviction and sentence, set aside any warrants of arrest issued, and ordered a refund of any fines paid, as all actions taken without jurisdiction are invalid in law.

Source excerpt

  • Jurisdiction Of Magistrates
  • Drunk And Disorderly Offences
  • Alcoholic Drinks Control Act
  • Conviction On Plea Of Guilty
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Criminal Law [2018] KEHC 6252 (KLR)

Patrick Mutugi Njue v Republic

Patrick Mutugi Njue v Republic [2018] KEHC 6252 (KLR)

Court
High Court
Case number
Criminal Appeal 43 of 2017
Judge
FN Muchemi

The High Court allowed a criminal appeal against a drunk-and-disorderly conviction, holding that disorderly conduct alone was insufficient without proof of drunkenness.

  • Drunk And Disorderly Offences
  • Burden Of Proof
  • Alibi Defence
  • Evidentiary Requirements
  • Drunk-and-disorderly-offences
  • Alibi-defence
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Criminal Law [2017] KEHC 1185 (KLR)

Joseph Mwangi v Republic

Joseph Mwangi v Republic [2017] KEHC 1185 (KLR)

Court
High Court
Case number
Criminal Revision 2 of 2017
Judge
CM Kariuki

The High Court revised a three-month jail term for drunk and disorderly conduct and substituted it with a Kshs. 500 fine, citing sentencing discretion and revisionary powers.

  • Sentencing Principles
  • Revision Jurisdiction
  • Drunk And Disorderly Offences
  • Criminal-sentencing
  • Criminal-revision
  • Alcoholic-drinks-control-act
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Criminal Law [2013] KEHC 1415 (KLR)

Mercy Cherotich v Republic

Mercy Cherotich v Republic [2013] KEHC 1415 (KLR)

Court
High Court
Case number
Criminal Revision 205 of 2013
Judge
B Ongaya

The High Court revised a six-month jail sentence for drunk and disorderly conduct, substituting it with five days of community service.

  • Sentencing Revision
  • Community Service Orders
  • Drunk And Disorderly Offences
  • Sentencing-revision
  • Community-service-orders
  • Drunk-and-disorderly-offence
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.