Kirui v Republic [2023] KEHC 19946 (KLR) | Sentencing Review | Esheria

Kirui v Republic [2023] KEHC 19946 (KLR)

Full Case Text

Kirui v Republic (Revision Case E655 of 2022) [2023] KEHC 19946 (KLR) (12 July 2023) (Ruling)

Neutral citation: [2023] KEHC 19946 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E655 of 2022

SM Mohochi, J

July 12, 2023

Between

Caroline Kirui

Applicant

and

Republic

Respondent

Ruling

1. Upon conviction theapplicant was sentenced to pay a fine of Kshs 3,000 for the offence of manufacturing alcoholic drinks contrary to section 27(1)(b) as read together with section 27(4) of the Alcoholic Drink Control Act and upon default she was to serve imprisonment for a term of 2 months.

2. As for the 2nd Count of being possession of alcoholic drink that do not conform with the requirements of the Alcoholic Drinks Control Actsection 27(1)(b) as read together with section 27(4) of the Act, a fine of Kshs.3,00/= upon default to serve imprisonment for two (2) months.All sentences were to run concurrently.

3. The court has been invited to review the sentence and upon calling and reviewing the entire proceedings in Molo CM’s Court E2146 of 2022, this court finds no fault in the sentence.The application is thus dismissed for want of merit.

4It is so ordered.

SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 12TH JULY 2023Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu