Case ID:150761

Patrick Ngutia v Republic [2019] eKLR

Case Metadata

Case Number:

Criminal Revision 31 of 2019

Parties:

Patrick Ngutia v Republic

Date Delivered:

11 Dec 2019

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Judgment

Judge(s):

William Musya Musyoka

Citation:

Patrick Ngutia v Republic [2019] eKLR

Court Division:

Criminal

County:

Kakamega

Case Outcome:

Appeal ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL REVISION NO. 31 OF 2019

PATRICK NGUTIA

.............................................................................APPLICANT

VERSUS

REPUBLIC......................................

DIRECTOR OF PUBLIC PROSECUTIONS

JUDGMENT

1.The applicant had been charged in Kakamega CMCCRC No. 1989 of 2019 with transporting

chang’aa

without a licence contrary to section 7(1) (b), as read with section 62, of the Alcoholic Drinks Act, No. 4 of 2010, Laws of Kenya. He pleaded guilty to the charge and was sentenced to pay a fine of Kshs. 1, 000.00 and, in default of paying the fine, to serve thirty (30) days in prison. The motorcycle, which had ferried the

chang’aa

, registration mark and number KMEN 187B, was to be forfeited to the National Authority for the Campaign against Alcohol and Drug Abuse (NACADA).

2. The application that I am called upon to determine is the Motion dated 16

th

August 2019. The applicant was the accused person in Kakamega CMCCRC No. 1989 of 2019. He would like a revision on the forfeiture order with respect to the motorcycle, on grounds that it was not his but belonged to another, Auto Industries Limited, who was not given a chance to contest the forfeiture.

3.

When the Motion came up for

inter partes

hearing on 28

th

October 2019, the state did not object to the revision. Ms. Omondi stated that there was no objection, the applicant was not the owner of the subject motorcycle and that the same could be released to the rightful owner.

4. In view of that, I shall revise the forfeiture order to the extent of directing that motorcycle registration mark and number KMEN 187B be released to its owner, Auto Industries Limited. It is so ordered.

DELIVERED DATED AND SIGNED AT KAKAMEGA THIS 11

TH

DAY OF DECEMBER, 2019

W MUSYOKA

JUDGE