Areba v Republic [2023] KEHC 19608 (KLR)

Areba v Republic (Criminal Revision E021 of 2023) [2023] KEHC 19608 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19608 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E021 of 2023

WA Okwany, J

June 29, 2023

Between

Douglas Areba

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E170 of 2023 by Hon. W.K. Chepseba, Chief Magistrate on 6th February 2023)

Ruling

1. The applicant was convicted on his own plea of guilty for the offence of dealing with alcoholic drinks without a license contrary to section 7 (1) (b) as read with section 34 (a) of the Alcoholic Drinks Control Act No. 4 of 2010. On February 6, 2023, the trial court sentenced him to a fine of Kshs. 20,000/= or in default, to serve 6 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the applicant was released from Kisii GK Prison on May 28, 2023 on Presidential pardon. In the unlikely event that he is still in custody, it is hereby directed that he be released forthwith unless he be held for any other lawful cause. The revision file is hereby closed.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE