Nyambeki v Republic (Criminal Revision E078 of 2025) [2025] KEHC 19728 (KLR) (24 July 2025) (Ruling) Neutral citation: [2025] KEHC 19728 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL REVISION E078 OF 2025 TA ODERA, J JULY 24, 2025 BETWEEN EDNAH NYAMBEKI ............................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Revision From original conviction and sentence in Criminal case MCCR E830 of 2025 of the Magistrates Court at Ogembo)) RULING 1. The applicant was charged in the lower court with the offence of being in possession of Alcoholic drinks without a licence and Manufacturing of Alcoholic drinks without a licence, contrary to section 7(71)(b) as read with section 62 of the Alcoholic Drinks Control Act No. 4 of 2010. She pleaded guilty and she was sentenced to a fine of Ksh. 10000/= or 3 months imprisonment on count 1 and Ksh. 60,000- or 6-months imprisonment on count 2. 2. Vide the Notice of Motion dated 16th July 2025, the Applicant sought review of the said sentence on the grounds that, she just delivered a child while in prison and is suffering serious, after-delivery related complications, and her health is fast deteriorating and needs proper medical attention and that the baby delivered also has health complications which need proper medical attention and regular close monitoring and also that she is an orphan, and being the only breadwinner to her siblings, the siblings have been left at home, and there is a risk of them dropping out of school to provide cheap labour to feed themselves, seeking orders that; 1. The applicant is now a young single mother who has just delivered her firstborn child while in prison and is going through serious health complications issues as a result. 2. The Applicant needs to be given proper medical attention and the young one take care of by an experienced older woman to help her raise the baby in a home environment. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19728/eng@2025-07-24 1
page 1 of 2
3. On the face of the application, the Applicant gave reasons that she is an orphan and is remorseful of the event of her family situation that made her resort to Alcoholic drinks dealing. She said that she is the only breadwinner for her siblings at home, and she is very remorseful and promised not to repeat. She sought a non-custodial sentence. The prosecution counsel did not object to the Application. 4. This court called for a sentence review report. The report was filed herein. The same revealed that the applicant is nursing a newborn child that she delivered while in prison, and regrets the offence and has promised to change. 5. I have carefully considered the application, the nature of the offence and its circumstances. The applicant has given birth in prison and the child is serving the term in prison with her. She has already served 1 month and 15 days in prison, and I believe she has learnt his lessons in prison. She has stated that she regrets the offence and also promised to change her behavior. I will give the applicant another chance. I proceed to exercise the powers of this court under Section 362 of the Criminal Procedure Code and substitute the sentence of fine of Ksh.10,000/= or 3 months imprisonment and Ksh. 50,000/= or 6 months imprisonment and place her on probation for a period of 6 months on both counts herein. The offences were committed in the same transaction, so I order that sentence to run concurrently. The offender is warned not to re-offend. DELIVERED VIRTUALLY IN THE PRESENCE OF T.A ODERA JUDGE 24. 7.25 The offender Mr. Koima for Prosecution Court Assistant - Kipchirchir https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19728/eng@2025-07-24 2
page 2 of 2