Morara v Republic [2025] KEHC 3087 (KLR)

Morara v Republic (Criminal Revision E028 of 2025) [2025] KEHC 3087 (KLR) (6 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3087 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E028 of 2025

WA Okwany, J

March 6, 2025

Between

Teresia Nyamoita Morara

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E096 of 2025 by Hon. B.O. Ondego, Chief Magistrate on 19th February 2025)

Ruling

2. The Applicant was convicted on her own plea of guilty for the offence of manufacturing alcoholic drinks without a license contrary to Section 27 (1) (a) as read with Section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court sentenced her to pay a fine of Kshs. thirty thousand (Kshs 30,000/=) or to serve three (3) months’ imprisonment in default. The Applicant has served two (2) weeks 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 two (2) months at Boisanga 1 Sub-Location Office under the supervision of the Probation Officer Nyamira and the Assistant Chief Boisanga 1 Sub-Location.Orders accordingly.

DATEDAND DELIVEREDAT NYAMIRAON THIS 6TH DAY OF MARCH 2025. W.A. OKWANYJUDGE