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Mum of 21 fined Sh100,000 over illicit liquor.

A mother of 21 has been fined Sh100,000 for brewing illicit liquor.

The High Court in Nyeri ordered Karimi Miriti jailed for two years if she fails to raise the fine.

Justice Francis Gikonyo said the sentence was necessary to end the "holocaust" of illicit brew.

He made the ruling after the accused applied for a revision of a similar ruling made by the magistrate's court at Tigania.

Karimi was charged with manufacturing an alcoholic drink without a licence.

She was convicted and fined Sh100,000 or in default to serve 20 months imprisonment by the Tigania court.

She filed an application on January 9 seeking revision of the sentence, saying it was harsh and she was a first time offender.

Karimi argued that she was disadvantaged as she was unrepresented.

Gikonyo said the earlier sentence was within the provisions of the law.

'It is a public notoriety now that the illicit brew is decimating a whole generation and it is time all efforts are engaged to stop the holocaust,' he ruled.

'I have considered that fact and mitigation offered. I have also considered that illicit brew has brought about a holocaust of the youth as well as the aged.'

Gikonyo said the sentence is not excessive or harsh.

The Alcoholic Drinks Control Act 2010 states that, "Any person convicted of an offence under this Act for which no other penalty is provided shall be liable to a fine not exceeding Sh500,000, or to imprisonment for a term not exceeding three years, or to both."

Gikonyo said while the court considered that the applicant was a first-time offender who, according to mitigation, has 21 children, an appropriate sentence is needed.

'Accordingly, whilst it is necessary to think of rehabilitation of the offender, it is equally important to remember that some cases are served better by deterrent sentence. This case is perfect to impose a deterrent sentence,' he ruled.

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Publication:The Star (Nairobi, Kenya)
Date:Mar 22, 2019
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