REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL REVISION CASE NO. 7 OF 2017 REPUBLIC ……………....……………...…........APPLICANT VERSUS EDWARD MBUVI................................……....RESPONDENT RULING 1. This file was forwarded to me from Kyuso Principal Magistrate’s Court for purposes of Revision as the Hon. J. Aringo imposed an illegal fine in the matter. 2. Edward Mbuvi was charged with the offence of Being Drunk and Disorderly contrary to Section 33(1) as read with Section 33(2) of the Alcoholic Drinks Control Act 2010. Particulars of the offence were that on the 19th day of June, 2017 at Kyuso Law Courts Premises and Probation Offices in Kyuso Location, Kyuso Sub-County within Kitui County was found being drunk and disorderly person by shouting and staggering due to drunkenness. 3. He admitted the charge at the outset. He was convicted and fined Kshs. 5,000/= or to serve two (2) months imprisonment in default. 4. In his letter seeking Revision of the matter the trial Magistrate wrote that he erroneously wrote Kshs. 5,000/= instead of Kshs. 500/= being the maximum fine set by statute. 5. Section 33(2) of the Alcoholic Drinks Control Act 2010 provides thus: “(2) Any person convicted of being drunk and incapable or drunk and disorderly in or near a place referred to in subsection (1) shall be liable to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both.” 6. The sentence imposed is illegal. Therefore I do set aside the sentence and substitute it with one of Kshs. 500/= or 14 days imprisonment in default. 7. The excess amount if paid shall be refunded to the offender. 8. It is so ordered. Dated, Signed and Delivered at Kitui this 23rd day of August, 2017. L. N. MUTENDE JUDGE
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