Maina v Republic [2025] KEHC 2644 (KLR)

Maina v Republic (Criminal Revision E027 of 2025) [2025] KEHC 2644 (KLR) (6 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2644 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E027 of 2025

WA Okwany, J

March 6, 2025

Between

Isabella Bosibori Maina

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E102 of 2025 by Hon. B.O. Ondego, Chief Magistrate on 24th February 2025. )

Ruling

1. The Applicant was convicted on her 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 27 (1) (b) and (4) of the Alcoholic Drinks Control Act No. 4 of 2010. The trial court sentenced her to pay a fine of Kshs. ten thousand (Kshs. 10,000/=) or to serve thirty (30) days imprisonment in default. The Applicant has served one (1) week of her sentence and is remaining with two (2) weeks after remission, to complete the sentence. The Sentence Review Report filed on 5th March 2025 by the Probation Officer Mr. Nelson Maroa recommends that the Applicant be released from custody. I find that the period spent in custody is sufficient punishment for the said offence and hereby direct that she be set at liberty forthwith. The Applicant is however cautioned against committing the same offence or any other actions that will bring her in conflict with the law.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 6TH DAY OF MARCH 2025. W.A. OKWANYJUDGE