Why comrade pleaded for a drink from magistrate

A university student and part-time bartender has succeeded to plead with the court to return to him some twelve bottles of alcohol after he was fined Sh10,000 for running a bar without a license.

Brian Simiyu said the forfeiture of the alcohol after he had been fined would be counterproductive to his effort of getting fees to complete his education at a Kakamega-based institution.

"I am pursuing a degree at a local university and took up the part-time job of bartender to supplement my tuition fees and other needs. And look, you rightfully fined me and also ordered that the liquor be forfeited to the state but I humbly find that a tad severe," he pleaded with Senior principal magistrate Zachariah Nyakundi.

"I would kindly beg that you order that the twelve bottles be returned to me so that I sell them for the sake of my college sustenance."

In response, Nyakundi recalled his earlier order and asked the State lawyer to return the twelve 750ml alcohol bottles to the student immediately after he paid the Sh10,000 fine.

The particulars of his charges were that on June 26 this year at around 1830 hours in the Lurambi area in Kakamega Central, he operated a bar named Gyptian without a license.  He faced an alternative charge of running the said bar without displaying a liquor license contrary to section 7(1) as read with section 62.

While leveling the charges, the State suggested that the student be treated as a first-time offender as they had no previous record of crime on him