Republic v Mark Nderitu & Jeruto Rashia [2014] KEHC 4658 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL REVISION NO. 26 OF 2014

REPUBLIC  …......….....................................................….. RESPONDENT

VERSUS

MARK NDERITU

JERUTO RASHIA  ……….……........................................…APPLICANTS

RULING

The application for review is vide a letter dated 22nd May, 2014 which seeks the review in PCR 456 of 2014 Accused JERUTO RASHIA.

The two (2) were charged with the offence of selling liquor at un authorized hours contrary to Section 34(a) of the Alcoholic drinks Control Act.

They each pleaded guilty and were subsequently Convicted and fined Ksh. 30,000/= in default five (5) months imprisonment.  In the same letter which forms the basis of the revision application it is conceded that under Section 34(a) of the Alcoholic drinks Act 2010 the maximum fine is Ksh. 50,000/= or to imprisonment for a term not exceeding nine (9) months.  In the present case the Accused persons were fined Ksh. 30,000/= in default five (5) months imprisonment which is well within the sentence imposed by law.

I find no illegality on the Sentence.  It is noted that one of the applicants has already been released upon paying the fine.

The application has no merit and its dismissed. No reason to interfere with the Sentence.

Ruling delivered dated and signed this 30th day of May, 2014.

….................

M.  MUYA

JUDGE

30TH MAY, 2014

In the presence of:-

Learned Counsel for the Defence Mr. Omari

Learned Counsel for the State Mr. Kiprop

Court clerk Musundi