Caleb Nyongesa v Republic

Nyongesa v Republic (Criminal Revision E124 of 2025) [2025] KEHC 11854 (KLR) (6 August 2025) (Ruling) Neutral citation: [2025] KEHC 11854 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CRIMINAL REVISION E124 OF 2025 RN NYAKUNDI, J AUGUST 6, 2025 BETWEEN CALEB NYONGESA ................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING Representation: M/s Sidi for the State 1. The applicant herein was charged with the ofience of being in possession of alcoholic drinks. The brief facts were that the Applicant on the 17th day of May 2025, at Kaplelach area in Turbo Sub County within Uasin Gishu County was found being in possession of alcoholic drinks to wit 10 litres of chang’aa having not been prepared in accordance with the Alcoholic Drinks Control Act No.4 of 2010. He pleaded guilty to the ofience, was convicted and sentenced to a fine of 15,000/= in default 3 months’ imprisonment. Decision 2. The applicant on his own plea of guilty was convicted and sentenced to a fine of 15,000 in default 3 months’ imprisonment. As at the time of this revision on sentence under section 362 & 364 of the Criminal Procedure Code he had already completed serving the custodial sentence in default of nonpayment 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 ................................. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11854/eng@2025-08-06 1

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