[2025] KEHC 2644 (KLR)
The court found that the period already served by the applicant in custody constituted sufficient punishment for the offence of dealing with alcoholic drinks without a license, particularly in light of the favorable recommendation from the Probation Officer in the Sentence Review Report. The court exercised its...
Source-derived case information.
- Citation
- [2025] KEHC 2644 (KLR)
- Parties
- Applicant: Isabella Bosibori Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E027 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised; applicant released from custody
- Judges
- WA Okwany
- Legal Topics
- Sentencing Review, Plea of Guilty, Alcoholic Drinks Control, Summary Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isabella Bosibori Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period already served by the applicant is sufficient punishment for the offence of dealing with alcoholic drinks without a license.
- 2 Whether the applicant should be released from custody following the recommendation of the Sentence Review Report.
Ratio Decidendi
The court found that the period already served by the applicant in custody constituted sufficient punishment for the offence of dealing with alcoholic drinks without a license, particularly in light of the favorable recommendation from the Probation Officer in the Sentence Review Report. The court exercised its discretion under the Criminal Procedure Code to revise the sentence, ordering the applicant's immediate release and cautioning her against future offences.
Court Disposition
sentence revised; applicant released from custody
Orders
- The applicant is to be set at liberty forthwith unless otherwise lawfully held.
- The applicant is cautioned against committing similar or other offences.
Full Case Text
Judgment text and source record
17 paragraphs
Maina v Republic (Criminal Revision E027 of 2025) [2025] KEHC 2644 (KLR) (6 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2644 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E027 of 2025
WA Okwany, J
March 6, 2025
Between
Isabella Bosibori Maina
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in the Chief Magistrates’ Court at Nyamira, Criminal Case No. MCCR E102 of 2025 by Hon. B.O. Ondego, Chief Magistrate on 24th February 2025. )
Ruling
1. The Applicant was convicted on her own plea of guilty for the offence of dealing with alcoholic drinks without a license contrary to Section 7 (1) (b) as read with Section 27 (1) (b) and (4) of the Alcoholic Drinks Control Act No. 4 of 2010. The trial court sentenced her to pay a fine of Kshs. ten thousand (Kshs. 10,000/=) or to serve thirty (30) days imprisonment in default. The Applicant has served one (1) week of her sentence and is remaining with two (2) weeks after remission, to complete the sentence. The Sentence Review Report filed on 5th March 2025 by the Probation Officer Mr. Nelson Maroa recommends that the Applicant be released from custody. I find that the period spent in custody is sufficient punishment for the said offence and hereby direct that she be set at liberty forthwith. The Applicant is however cautioned against committing the same offence or any other actions that will bring her in conflict with the law.Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 6TH DAY OF MARCH 2025. W.A. OKWANYJUDGE