Margaret Chepkurui Orwasa v Republic [2013] KEHC 1344 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 221 OF 2013

(Being A Revision in the Conviction and Sentence on 30. 07. 2013 by the Honourable Senior Principal Magistrate, J.Kwena at Bomet in Criminal Case No.731 of 2013)

MARGARET CHEPKURUI ORWASA...........................APPLICANT

-VERSUS-

REPUBLIC....................................................................RESPONDENT

(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)

RULING ON REVISION

The applicant Margaret Chepkurui Orwasa was convicted on three counts of manufacturing alcoholic drinks without licence contrary to Section 7(1) (a) as read with Section 62 of the Alcoholic Drinks Act No. 4 of 2010; selling alcoholic drinks without licence contrary to Section 7(1) (2) as read with Section 34 (a) of the Act she pleaded guilty and was sentenced to serve 5 months imprisonment for each count, the sentences running concurrently effective 30/7/2013.  She has served about 3 months imprisonment.

The probation report shows the applicant has promised to change for the better and is remorseful.

In the circumstances the trial court's sentence is altered and the applicant shall serve the community for 30 days at the Chief's office at Chemaner Location under the chief's supervision.

Signed, datedanddeliveredin court atKerichothisFriday, 18th October, 2013.

BYRAM ONGAYA

JUDGE