Rop v Republic [2024] KEHC 3912 (KLR)

Rop v Republic (Revision Case E149 of 2024) [2024] KEHC 3912 (KLR) (23 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3912 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case E149 of 2024

HM Nyaga, J

April 23, 2024

Between

Nicholas Kipkorir Rop alias Sirikwa

Applicant

and

Republic

Respondent

Ruling

1. This file has been brought up for revision in order to decongest the Nakuru GK Prison.

2. The Applicant was charged with the offence of:COUNT IManufacturing alcoholic drinks that does not conform to the requirements of alcoholic drinks control Contrary to Section 27(1) (A) as read with Section 27(4) of the Alcoholic Drinks Control Act 2016. The particulars are that;On the 29th June 2023, at Tarakwet village, Kamara Location in Kuresoi North Sub-County within Nakuru County, was found unlawfully manufacturing alcoholic drinks namely Chang’aa using (1) one drum (1) one sufuria (1) one metallic basin and piece of blanket without licence and in unlicenced premises in contravention of the above said Act.COUNT IIBeing 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 particulars are that;On the 29th day of June 2023, at Tarakwet Village, Kamara Location in Kuresoi North Sub-County within Nakuru County, was found being in possession of alcoholic drinks namely Changaa to with 20 litres in a yellow jerican which does not conform with the requirements of the said act.

3. He pleaded guilty and he was sentenced to;Count I: Pay a fine of Kshs. 70,000/= in default twelve (12) months imprisonment.Count II: Pay a fine of Kshs. 20,000/= in default six (6) months imprisonment.The Applicant has served a substantial part of this sentence.

4. The Sentence Review Report by the Probation Officer, Nakuru County found the Applicant suitable for Community Service. It is recommended that he performs the same at Kamara Chief’s Camp.

5. I find this case fit for Revision and order that the sentence of the trial court be revised. The Applicant is now to serve the remainder thereof under Community Service at Kamara Chief’s Camp for a period of six months.

6. The terms will be explained to him.

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