Republic v Chege (Criminal Case E1327 of 2025) [2025] KEMC 158 (KLR)

Nakuru Law Courts (Magistrates' Court)

15 July 2025

ANAloyce Peter Ndege

440 words in judgment

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The bottom line

A Nakuru court discharged a bar owner on one count because the charge was badly drafted, then fined him Kshs 7,500 on each remaining count.

What this practically means

Executive summary

Daniel Karanja Chege was convicted upon his own plea on three counts arising from a raid on 15 June 2025 at around 7.00am at a bar named 3D in Greensite area, Nakuru North sub-County. The counts alleged: selling alcoholic drinks before the permitted hours (contrary to the Alcoholic Drinks (Licensing) Regulations 2010); possession of 5 litres of chang'aa in a yellow jerrycan contrary to section 27(1)(b) as read with section 27(4) of the Alcoholic Drinks Control Act; and handling drinks in the establishment without a valid medical certificate contrary to section 41(2) of the Nakuru Government (Public Health) Act 2017. In a sentencing ruling delivered on 15 July 2025, Senior Principal Magistrate Aloyce Peter Ndege found that the charge in the first count was not well and sufficiently framed and discharged the accused on that count under section 35(1) of the Penal Code. On the second and third counts, noting that the accused was a first-time offender who had pleaded for forgiveness, the court fined him Kshs 7,500/= on each count, in default one and a half years imprisonment on each count to run consecutively. A 14-day right of appeal was explained. No authorities were cited and no costs order was made.

Key legal issues

Sufficiency of the charge of selling alcohol before hours

Holding

The charge in the first count was found not well and sufficiently framed, resulting in discharge under section 35(1) of the Penal Code

Reasoning

Although the accused had been convicted upon his own plea on three counts, the court examined the charges and the relevant provisions and concluded that the first count, alleging selling alcohol before the permitted hours contrary to the Alcoholic Drinks (Licensing) Regulations 2010, was not properly framed. The court did not articulate detailed reasons beyond the finding of defective framing, and exercised its statutory power of discharge.

p. 1

Sentencing on convictions for possession of non-conforming alcoholic drinks and handling food without a valid medical certificate

Holding

The accused, a first-time offender who pleaded guilty, was fined Kshs 7,500/= on each of the second and third counts, with default terms of one and a half years imprisonment each to run consecutively

Reasoning

The court noted that the accused was a first-time offender as no previous records were furnished by the prosecution, and that he had pleaded for forgiveness. Balancing mitigation against the offences of possessing chang'aa not conforming to statutory requirements and handling food/drinks without medical examination, the court imposed fines with consecutive default sentences and explained the 14-day right of appeal.

p. 1

Legal principles established

An accused convicted on a defectively framed charge may be discharged under section 35(1) of the Penal Code

Court orders

1.Discharge of the accused on the first count pursuant to section 35(1) of the Penal Code
2.Fine of Kshs 7,500/= on the second count, in default 1 and a half years imprisonment
3.Fine of Kshs 7,500/= on the third count, in default 1 and a half years imprisonment, the sentences to run consecutively
4.14 days right of appeal explained

Authorities

Legislation

Alcoholic Drinks (Licensing) Regulations 2010Section 34(a) as read with Forth Schedule 1(A)
Alcoholic Drinks Control Act, No. 4 of 2010Section 27(1)(b) as read with Section 27(4)
Nakuru Government (Public Health) Act 2017Section 41(2), punishable under section 46
Penal CodeSection 35(1)

Jurisdiction invoked: Criminal jurisdiction over charges under the Alcoholic Drinks Control Act, No. 4 of 2010 and the Nakuru Government (Public Health) Act 2017; sentencing on own plea of guilty

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Republic v Chege (Criminal Case E1327 of 2025) [2025] KEMC 158 (KLR)", Case Analysis (2025). Criminal Case E1327 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/158/eng@2025-07-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.