Republic v Chege (Criminal Case E1327 of 2025) [2025] KEMC 158 (KLR) (15 July 2025) (Sentence)

Republic v Chege (Criminal Case E1327 of 2025) [2025] KEMC 158 (KLR) (15 July 2025) (Sentence) Neutral citation: [2025] KEMC 158 (KLR) Republic of Kenya In the Nakuru Law Courts Criminal Case E1327 of 2025 PA Ndege, SPM July 15, 2025 Between Republic Prosecution and Daniel Karanja Chege Accused Sentence 1.The accused person herein, Daniel Karanja Chege, has been convicted upon own plea of the offences of Selling Alcohol before Hours Contrary to section 34 (a) as read with Forth Schedule 1(A) of the [Alcoholic Drinks (Licensing) Regulations 2010](https://new.kenyalaw.org/akn/ke/act/ln/2010/206/eng@2022-12-31) Laws of Kenya, Being in Possession of Alcoholic Drinks that do not Conform to Requirements of the Alcoholic Drinks contrary to Section 27 (1) (b) as read with Section 27 (4) of the [Alcoholic Drinks Control Act](/akn/ke/act/2010/4), No 4 of 2010, Laws of Kenya, and Handling Food in the Food Plant without Valid Medical Certificate contrary to Section 41 (2) of the Nakuru Government (Public Health) Act 2017 and punishable under 46 of the same Act (sic); in the 3 counts herein. 2.He denied in the first count that on 15/06/2025 at around 7.00am at Greensite area in a bar namely 3D in Nakuru North sub-County within Nakuru County, he was found selling alcoholic drinks before time at around 7.00am instead of 12.00noon which contravened the said act. He further denied in the second count that on the same day, time and area, he was found in possession of 5 liters of chang’aa packed in a yellow jerrycan which contravened the said requirements of the [Alcoholic Drinks Control Act](/akn/ke/act/2010/4). He ultimately denied in the third count that on the same day, time and area, he was found operating a bar, namely 3D, and handling drinks in the said establishment without being medically examined 3.He is a first-time offender as no previous records were furnished by the prosecutions. He has pleaded for forgiveness. I have looked at the charges herein and the relevant provisions therein and I do hereby find that the charge in the first count was not well and sufficiently framed and consequently do hereby discharge the accused pursuant to the provisions of section 35(1) of the [Penal Code](/akn/ke/act/1930/10) of the charges therein. 4.In the second and third counts, I do hereby fine the accused person herein Kshs 7,500/= in default to serve 1 and a half years imprisonment each to run consecutively as required.14 days right of appeal explained. **DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 15TH DAY OF JULY, 2025****ALOYCE-PETER-NDEGE****SENIOR PRINCIPAL MAGISTRATE** In the presence of;Court interpreter: JanetProsecution counsel: MachariaAccused: Present *[Kshs]: Kenya Shillings