A 45-year-old man, who claimed to have collected 20 liters of chang’aa from the bush as he went to relieve himself, was handed a Sh50,000 fine or in default serve 6 months in prison by a Kenol court.
Joseph Dunda, who appeared before Senior Resident Magistrate Sheila Nyagah, was accused of handling the illicit brew at Ithanga Kakuzi sub county, on January 22.
According to the prosecution, while on patrol in the fight against substance abuse and illicit brew the area assistant chief found the accused with 20 liters of chang’aa in a black 20 liters jerrican and arrested him.
The accused told the court that he stumbled upon the chang’aa in the bush saying it did not belong to him.
Dunda, who claimed to be teetotaler from birth narrated how on the fateful morning as he headed to work on his bicycle, he felt an urge to relieve himself and got into a nearby bush, where he stumbled upon the 20 liters jerrican with chang’aa hidden therein.
“When I saw it, I remembered that my children had been chased away from school and I decided to take so that I could sell it and get money to pay their school fees” he said adding that, “No sooner had I taken it to sell than I was arrested and taken to Ithanga Kakuzi police post and later arraigned here.”
The exhibit was also presented in court as the crucial piece of evidence against the accused.
He pleaded guilty to the charges and in mitigation asked the court for leniency saying that he is the sole breadwinner to his four kids promising he will not to collect hidden items in the future again.
However, the court found him guilty and convicted him on his own plea of guilt.
The court handed him a Sh50,000 fine or in default serve 6 months in prison, with a right to appeal in 14 days.
The exhibit would be destroyed after 14 days.
By Florence Kinyua