Omchuru v Republic [2023] KEHC 19827 (KLR)

Omchuru v Republic (Criminal Revision E031 of 2023) [2023] KEHC 19827 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19827 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E031 of 2023

WA Okwany, J

June 29, 2023

Between

Cecilia Omchuru

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court Criminal Case No. E430 of 2023 by Hon. B. Okong’o. Resident Magistrate on 2nd May 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of dealing with alcoholic drinks without a licence contrary to section 7 (1) (b) as read with section 34 (a) of the Alcoholic Drinks Control Act No 4 of 2010. During sentence, the trial court fined the Applicant Kshs 20,000/= or in default to serve 3 months imprisonment. The Applicant has already served 30 days in prison. The Sentence Review Report filed on June 13, 2023 by the Probation Officer Edwin Kimaiyo recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at the Nyagachi Chief’s office under the supervision of Chief Nyangweso for the remaining part of the sentence meted by the trial court.

2Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE