Republic v Wainaina (Criminal Case E356 of 2026) [2026] KEMC 25 (KLR)

Republic v Wainaina (Criminal Case E356 of 2026) [2026] KEMC 25 (KLR) (17 February 2026) (Sentence) Neutral citation: [2026] KEMC 25 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS CRIMINAL CASE E356 OF 2026 PA NDEGE, SPM FEBRUARY 17, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND SAMUEL MURIITHI WAINAINA ............................................................. ACCUSED SENTENCE 1. The accused person herein, Samuel Muriithi Wainaina, was charged with three counts namely: Count I: Selling Alcoholic Drinks without Liquor License contrary to Section 7(1) as read with Section 62 of the Alcoholic Drinks Control Act, No. 4 of 2010 Kenya); Count II: Handling Food in a Food Plant without a Valid Medical Certificate contrary to Section 41(2) of the Nakuru County Government (Public Health) Act 2017 and Punishable under Section 46 of the same Act; and Count III: Selling Alcoholic Drinks in a Container less than 250ml contrary to Section 31(2) (a) of the Alcoholic Drinks Control Act No. 4 of 2010, laws of Kenya 2. The accused pleaded guilty to all the counts and was accordingly convicted on his own plea. The prosecution confirmed that he is a first-time ofiender. In mitigation, the accused sought forgiveness and expressed remorse. I have considered the circumstances of the ofience, the mitigation tendered, the Sentencing Policy Guidelines (2016), and the principle of proportionality. The ofiences arose from the same transaction. I thus do hereby sentence the accused person herein as follows: Count I: Selling Alcoholic Drinks without Liquor License contrary to Section 7(1) as read with Section 62 of the Alcoholic Drinks Control Act, No. 4 of 2010 Kenya): Fined Kshs. 16,500/- in default to serve 5 months imprisonment. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/25/eng@2026-02-17 1

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