Sagini v Republic [2025] KEHC 5103 (KLR)

Sagini v Republic (Revision Case E030 of 2025) [2025] KEHC 5103 (KLR) (25 April 2025) (Ruling)

Neutral citation: [2025] KEHC 5103 (KLR)

Republic of Kenya

In the High Court at Nyamira

Revision Case E030 of 2025

WA Okwany, J

April 25, 2025

Between

Kevin Gesore Sagini

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. E939 of 2024 by Hon. W.K. Chepseba, Chief Magistrate on 3rd December 2024)

Ruling

1. The Applicant herein was convicted on his own plea of guilty for the offence of dealing with alcoholic drinks (chang’aa) without a license contrary to Section 7 (1) (b) as read with Section 24 (1) (b) and (4) of the Alcoholic Drinks Control Act No. 4 of 2010. The trial court sentenced him to pay a fine of Thirty Thousand Shillings (Kshs. 30,000/=) or in default to serve one (1) year imprisonment. The Applicant has served four (4) months of his sentence and is remaining with five (5) months after remission, to complete the sentence.

2. The Sentence Review Report filed by the Probation Officer, Mr. Nelson Maroa, on 9th April 2025 recommends a non-custodial sentence. I therefore direct that the Applicant shall serve a Community Service Order, for four (4) months at Ikonge Primary School under the supervision of the Probation Officer Nyamira and the School’s Head-teacher.

3. Orders accordingly.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NYAMIRA VIA MICROSOFT TEAMS THIS 25TH DAY OF APRIL 2025. W. A. OKWANYJUDGE