Rambeka v Republic [2023] KEHC 19618 (KLR)

Rambeka v Republic (Criminal Revision E084 of 2023) [2023] KEHC 19618 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19618 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E084 of 2023

WA Okwany, J

June 29, 2023

Between

Alex Meroka Rambeka

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCCR E177 of 2023 by Hon. C. Ombija Senior Resident Magistrate on 228TH March 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty for the offence of transporting alcoholic drinks without a license contrary to section 7 (1) (b) as read with section 34 of the Alcoholic Drinks Control Act No 4 of 2010 and being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court fined him Kshs 40,000/= in default to serve 6 months imprisonment. The Report by Jackline C Mwei the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Karantin Dispensary under the supervision of the area assistant chief for a period of 2 months.Orders accordingly.

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