Mercy Kagwiri v Republic

Kagwiri v Republic (Criminal Revision E017 of 2026) [2026] KEHC 3277 (KLR) (10 March 2026) (Ruling) Neutral citation: [2026] KEHC 3277 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E017 OF 2026 DR KAVEDZA, J MARCH 10, 2026 BETWEEN MERCY KAGWIRI .................................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the ofience of Selling Alcohol Drinks Without License contrary to section 7 (1) (b) as read with Section 62 of the Alcoholics Drinks Control Act No.4 of 2010 Laws of Kenya. She was fined Kshs. 30,000 in default to serve 6 months imprisonment. 2. She filed the present application and an affidavit in support of her motion seeking grant of orders. The ground raised is that the alcoholic drinks/exhibits maybe destroyed or disposed of, rendering the intended revision nugatory. 3. I have considered the application, the affidavit in support and the applicable law. I therefore make the following orders; i. That all forfeited alcoholic drinks/exhibits be preserved and shall not be disposed of, destroyed, auctioned or otherwise dealt with. ii. That the officer in charge of the exhibits store and /or the Officer Commanding Station (OCS) and/ or the Investigating Officer be directed to ensure Compliance with the preservation order. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 10TH DAY OF MARCH 2026 _________________ D. KAVEDZA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3277/eng@2026-03-10 1

page 1 of 2