Bosire v Republic [2023] KEHC 19810 (KLR)

Bosire v Republic (Criminal Revision E078 of 2023) [2023] KEHC 19810 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19810 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E078 of 2023

WA Okwany, J

June 29, 2023

Between

Benard Bosire

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E009 of 2023 by Hon. B.M. Kimutai, Principal Magistrate on 5th January 2023)

Ruling

1. The Applicant was convicted of the offence of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court sentenced him to pay a fine of Kshs 20,000/= or serve 6 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 22, 2023 indicates that the Applicant is yet to be interviewed by the Probation Officer as he was not included in the list. It is hereby directed that the Sentence Review Report be prepared and filed in Court for consideration within 7 days from the date of this Ruling.Orders accordingly.

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