Ngeno & another v Republic [2024] KEHC 3903 (KLR)

Ngeno & another v Republic (Revision Case 145 of 2024) [2024] KEHC 3903 (KLR) (23 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3903 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case 145 of 2024

HM Nyaga, J

April 23, 2024

Between

Isaiah Ngeno

1st Applicant

Benard Ngetich

2nd Applicant

and

Republic

Respondent

Ruling

1. This matter has been brought to me under the Prison Decongestion Exercise been undertaken by this court.

2. The Applicants, Isaiah Ngeno and Benard Ngetich were convicted for the offence of;Manufacturing alcoholic drinks that do not conform to the requirement standard Contrary to Section 27(1) (2) as read with Section 27(4) of the Alcoholic drinks Act No. 4 of 2016. The particulars are that;On 30th day of December 2023 at Mawingu area in Kuresoi North Sub County within Nakuru County were jointly found manufacturing alcoholic drinks namely Chang’aa using Kangara to wit 300 litres, a drum and a coil.

3. They pleaded guilty and they were sentenced to;Pay a fine of Kshs. 30,000/= in default three (3) months in jail.

4. At the time of looking into the matter, I note that they have served their sentence and there is nothing left for this court to revise.

5. Consequently, the only just order which this court can make which I hereby do, is to order that the application be marked as overtaken by events. Orders accordingly. File closed.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 23RD DAY OF APRIL, 2024. H. M. NYAGAJUDGEIn the presence of;C/A KipsugutN/A for state