Ochieng v Republic [2023] KEHC 3255 (KLR)

Ochieng v Republic (Criminal Revision E111 of 2021) [2023] KEHC 3255 (KLR) (13 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3255 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E111 of 2021

RE Aburili, J

April 13, 2023

Between

Kevin Mboya Ochieng

Applicant

and

Republic

Respondent

Ruling

1. This Criminal Revision matter was initiated on December 14, 2021. It arises from Nyando Senior Principal Magistrate’s Court Criminal Case No E1019 of 2021Republic vs Kevin Mboya Ochieng.

2. In the said matter, the accused now convict was sentenced to serve four (4) months imprisonment on September 17, 2021 for the offence of being in possession of alcoholic drinks that does not conform to the requirements of the Act contrary to Section 27 (1) as read with Section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010.

3. He was convicted on his own plea of guilty.

4. However, the revision file herein was not acted upon.

5. That being the case, the matter is overtaken by events as the convict has already served the four (4) months imprisonment term.

6. This file is accordingly marked as closed for archiving.

7. Order to be extracted.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE