[2025] KEMC 158 (KLR)

[2025] KEMC 158 (KLR)

The court found that the first count was not sufficiently framed and therefore discharged the accused under Section 35(1) of the Penal Code. For the second and third counts, the court found the accused guilty upon his own plea and, considering he was a first-time offender with no previous records, imposed a fine of Kshs. 7,500 for each count, with a default sentence of 1.5 years imprisonment for each count to run consecutively. The court explained the right of appeal within 14 days.

Citation
[2025] KEMC 158 (KLR)
Parties
Applicant: Republic; Defendant: Daniel Karanja Chege
Court
Magistrate's Court
Court Station
Nakuru Law Courts
Jurisdiction
Kenya
Judgment Date
15 July 2025
Case Number
Criminal Case E1327 of 2025
Procedural Posture
Criminal Case / Sentence
Outcome
Accused discharged on first count; convicted and fined on second and third counts.
Judges
PA Ndege
Legal Topics
Alcoholic Drinks Control, Public Health Offences, Sentencing Principles
Source Language
English
Criminal Law Alcoholic Drinks Control Public Health Offences Sentencing Principles

Case Brief

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Parties

Republic

Applicant

Daniel Karanja Chege

Defendant

Procedural Posture

Criminal Case / Sentence

Legal Issues

  1. 1 Whether the accused was guilty of selling alcohol before permitted hours contrary to the Alcoholic Drinks (Licensing) Regulations 2010.
  2. 2 Whether the accused was in possession of alcoholic drinks that did not conform to statutory requirements under the Alcoholic Drinks Control Act, 2010.
  3. 3 Whether the accused handled food in a food plant without a valid medical certificate contrary to the Nakuru Government (Public Health) Act 2017.

Ratio Decidendi

The court found that the first count was not sufficiently framed and therefore discharged the accused under Section 35(1) of the Penal Code. For the second and third counts, the court found the accused guilty upon his own plea and, considering he was a first-time offender with no previous records, imposed a fine of Kshs. 7,500 for each count, with a default sentence of 1.5 years imprisonment for each count to run consecutively. The court explained the right of appeal within 14 days.

Court Disposition

Accused discharged on first count; convicted and fined on second and third counts.

Orders

  • Accused discharged on first count under Section 35(1) of the Penal Code.
  • Accused fined Kshs. 7,500 on each of the second and third counts, in default to serve 1.5 years imprisonment for each count to run consecutively.