The Appellant Jeremiah Ogwaya Orwa was charged with the offence of manufacturing alcoholic drinks without licence contrary to Section 7(1) as read with Section 62 of the Alcoholic Drinks Control Act No. 4 of 2010.
The particulars of the offence are that on the 20th Day of March 2024 at around 10.00hours at Kakmala village, Awendo Sub-County in Migori County was found in possession of 6 sacks of 25kg Ammonium Chloride, 1 coil of refrigeration tube and 30 meters branded horse pipe, an ingredient and apparatus used in the manufacture of changaa without a licence in contravention of the said Act.
The Appellant was convicted on his own plea and fined Kshs. 500,000/= in default to serve 3 years imprisonment.
The Appellant was aggrieved and dissatisfied by the conviction and sentence and lodged his petition for appeal which was undated on the following grounds:
1. That he pleaded not guilty to the charge herein.
2. That the trial court erred in both law and facts by failing to comply with Article 50 (2) (g) & (h) of the Constitution.
3. That the trial court erred in both law and facts by not observing that the ingredients of the offence herein were not proved to the required standards.
Reasons wherefore the Appellant prayed that the conviction be quashed and sentence put aside or any other order the court may deem fit to grant on humanitarian grounds.
In his submissions the Appellant tendered an additional ground that the sentence was harsh and excessive. In the undated submissions the Appellant said he was of the opinion that the sentence was harsh and excessive in the circumstances and he prayed that the court considers reducing/ substituting or any other order the court may consider as he was the sole breadwinner to his family. He said that his children had dropped out of school due to lack of school fees. The Appellant said he was remorseful and will not repeat the offence as he had learnt a lesson.
Ms Ikol Prosecuting Counsel said they would not file submissions as they were conceding to the appeal.
In consideration of the grounds of appeal and in consideration that the State has conceded to the appeal this court quashes the conviction and sets aside the sentence. The Appellant to be set at liberty forthwith unless lawfully detained.
Dated, Signed and Delivered in Migori this 30th Day of June 2025.
The particulars of the offence are that on the 20th Day of March 2024 at around 10.00hours at Kakmala village, Awendo Sub-County in Migori County was found in possession of 6 sacks of 25kg Ammonium Chloride, 1 coil of refrigeration tube and 30 meters branded horse pipe, an ingredient and apparatus used in the manufacture of changaa without a licence in contravention of the said Act.
The Appellant was convicted on his own plea and fined Kshs. 500,000/= in default to serve 3 years imprisonment.
The Appellant was aggrieved and dissatisfied by the conviction and sentence and lodged his petition for appeal which was undated on the following grounds:
1. That he pleaded not guilty to the charge herein.
2. That the trial court erred in both law and facts by failing to comply with Article 50 (2) (g) & (h) of the Constitution.
3. That the trial court erred in both law and facts by not observing that the ingredients of the offence herein were not proved to the required standards.
Reasons wherefore the Appellant prayed that the conviction be quashed and sentence put aside or any other order the court may deem fit to grant on humanitarian grounds.
In his submissions the Appellant tendered an additional ground that the sentence was harsh and excessive. In the undated submissions the Appellant said he was of the opinion that the sentence was harsh and excessive in the circumstances and he prayed that the court considers reducing/ substituting or any other order the court may consider as he was the sole breadwinner to his family. He said that his children had dropped out of school due to lack of school fees. The Appellant said he was remorseful and will not repeat the offence as he had learnt a lesson.
Ms Ikol Prosecuting Counsel said they would not file submissions as they were conceding to the appeal.
In consideration of the grounds of appeal and in consideration that the State has conceded to the appeal this court quashes the conviction and sets aside the sentence. The Appellant to be set at liberty forthwith unless lawfully detained.
Dated, Signed and Delivered in Migori this 30th Day of June 2025.