Kigen v Republic [2024] KEHC 9440 (KLR)

Kigen v Republic (Criminal Revision E177 of 2024) [2024] KEHC 9440 (KLR) (23 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9440 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Revision E177 of 2024

PN Gichohi, J

July 23, 2024

Between

Dominic Kiptalam Kigen

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for Revision in order to decongest the Nakuru GK prison.

2. The Applicant (Dominic Kiptalam Kigen) was charged in Molo MCCR E157 of 2024 with the offence of Being in possession of Alcoholic Drink that does not conform to the requirements of Section 27(1) (b) and Section 27(4) of the Alcoholic Drink Control Act Cap 121(A) No. 4 of 2010.

3. The particulars are that on the 18th Day of January, 2024 at Legetio village of Lengenet Location in Rongai Sub-County within Nakuru County, was found in possession of alcoholic drink namely Chang’aa in her house which is unlicensed premise to wit 5 litres that is not packed in glass or pet bottles or metallic which was not licensed to possess and does not conform to the requirements of the above said Act.

4. He pleaded guilty and was sentenced to pay a fine of Ksh.10,000/= in default four (4) months imprisonment.

5. The Sentence Review Report by the Probation officer has now confirmed that the Applicant has since served the sentence.

6. In the circumstances the application has been overtaken by events and file marked as closed.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 23TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr. Kihara for RespondentProbation officerRuto - Court Assistant