Dalvine Kipkoech v Republic

Kipkoech v Republic (Criminal Revision E125 of 2025) [2025] KEHC 11753 (KLR) (6 August 2025) (Ruling) Neutral citation: [2025] KEHC 11753 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E125 OF 2025 RN NYAKUNDI, J AUGUST 6, 2025 BETWEEN DALVINE KIPKOECH ............................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING Coram: Before Justice R. Nyakundi M/s Sidi for the State 1. The applicant herein was charged of being in possession of alcoholic drinks for selling without license. The brief facts were that the Applicant on the 7th day of May 2025, at about 1500hrs Rongai area within Kesses Sub County in Uasin Gishu County was found in possession of chang’aa to wit 40 litres without license. He pleaded guilty to the ofience convicted and sentenced to a fine of 22,000/= in default 4 months’ imprisonment. Decision 2. The applicant on his own plea of guilty was convicted and sentenced to a fine of 22,000 in default 4 months’ imprisonment. As at the time of this revision on sentence under section 362 & 364 of the CPC he had already completed serving the custodial sentence in default of non-payment of fine. The remedy has been spent and nothing for this court to exercise judicial discretion within the enabling provisions of the law. it is so ordered. DATED, SIGNED AND DELIVERED VIA CTS AT ELDORET THIS 6TH AUGUST 2025 ................................... R. NYAKUNDI https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11753/eng@2025-08-06 1

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