Mayaka v Republic [2025] KEHC 2369 (KLR)

Mayaka v Republic (Criminal Revision E024 of 2025) [2025] KEHC 2369 (KLR) (6 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2369 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E024 of 2025

WA Okwany, J

March 6, 2025

Between

Linet Kwamboka Mayaka

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E951 of 2024 by Hon. W.K. Chepseba, Chief Magistrate on 5th December 2024. )

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 six (6) months imprisonment in default. The Applicant has served three (3) months of her sentence and is remaining with two (2) months after remission, to complete the sentence. The Sentence Review Report filed on 5th March 2025 by the Probation Officer Mr. Nelson Maroa recommends a non-custodial sentence. I hereby direct that the Applicant shall serve a Community Service Order for seven (7) days at the Nyamira Probation Office under the supervision of the Probation Officer Nyamira.Orders accordingly.

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