Ombaye v Republic (Criminal Revision E065 of 2024) [2024] KEHC 6544 (KLR) (13 May 2024) (Ruling) Neutral citation: [2024] KEHC 6544 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CRIMINAL REVISION E065 OF 2024 WA OKWANY, J MAY 13, 2024 BETWEEN CAROLINE KERUBO OMBAYE ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original Conviction and Sentence in the Senior Principal Magistrates’ Court at Keroka, Criminal Case No. MCCR E821 of 2023 by Hon. M. Munyekenye, Senior Principal Magistrate on 6th December 2023) RULING 1. The Applicant was convicted on her own plea of guilty for the ofience of being in possession of alcoholic drinks contrary to section 27 (1) (b) as read with section 27 (4) of the Alcoholic Drinks Control Act No. 4 of 2010. The trial court sentenced her to pay a fine of Kshs. 100,000/= or in default, to serve 8 months imprisonment. The Applicant has served 3 months of her sentence. The Sentence Review Report filed on 3rd April 2024 by the Probation Officer Jackline Mwei recommends a non-custodial sentence. I hereby direct that the Applicant be released from Prison forthwith unless she is otherwise lawfully held. Orders accordingly. DATED AND DELIVERED AT NYAMIRA ON THIS 13TH DAY OF MAY 2024. W. A. OKWANY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6544/eng@2024-05-13 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.