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Hamisi v Republic (Criminal Revision E264 of 2022) [2022] KEHC 16211 (KLR) (8 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16211 (KLR)
Republic of Kenya
Criminal Revision E264 of 2022
JN Onyiego, J
December 8, 2022
Between
Hussein Hamisi
Applicant
and
Republic
Respondent
(From original conviction and sentence in Criminal Case No. E781 of 2021 of the Principal Magistrate’s Court at Wundanyi)
Ruling
1.The applicant was charged with the offence of producing alcoholic drinks without a licence contrary to section 7(1) (c) as read with section 53(1) of the Taita Taveta County Alcoholic Drinks Control and Licensing Act, 2016. He was convicted and sentenced on June 2, 2022 to a fine of Kshs 100,000/= in default serve 12 months imprisonment.
2.He has now approached this court through chamber summons filed on August 1, 2022 seeking review of the sentence. This court’s authority has been summoned pursuant to article 165 (6) and (7) of the Constitution and sections 362 and 364 of the CPC which empowers the High Court to exercise supervisory jurisdiction over subordinate courts.
3.Although sentencing is a discretionary factor bestowed upon the trial court, this court has powers to intervene where the same is excessive.
4.Taking into account the nature of the offence herein which is not serious, I find the sentence meted out to be excessive.
5.Accordingly the same is reviewed and reduced to the period served. Applicant to be set free forthwith unless otherwise lawfully held.
6.Right of appeal 14 days.
DATED SIGNED AND DELIVERED IN OPEN COURT THIS 8TH DAY OF DECEMBER, 2022.HON J ONYIEGOJUDGE
