[2010] KEHC 3004 (KLR)
The court found that the applicant's personal hardship in losing his livelihood as a driver did not outweigh the gravity of the offence, which resulted in the loss of human life. The trial magistrate's order suspending the appellant's driving license was lawful, and no sufficient grounds were demonstrated to warrant...
Source-derived case information.
- Citation
- [2010] KEHC 3004 (KLR)
- Parties
- Appellant: Alexander K. Kamari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 41 of 2009
- Procedural Posture
- Criminal Appeal / Ruling on Interlocutory Application for Suspension of Sentence Pending Appeal
- Outcome
- application dismissed
- Judges
- JV Juma
- Legal Topics
- Traffic Offences, Sentencing, Bail and Bond, Suspension of License
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander K. Kamari
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Interlocutory Application for Suspension of Sentence Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to suspension of the order cancelling his driving license pending appeal.
- 2 Whether the appellant's livelihood as a driver outweighs the public interest and the gravity of the offence.
Ratio Decidendi
The court found that the applicant's personal hardship in losing his livelihood as a driver did not outweigh the gravity of the offence, which resulted in the loss of human life. The trial magistrate's order suspending the appellant's driving license was lawful, and no sufficient grounds were demonstrated to warrant interference with that order pending appeal. The court declined to suspend the cancellation of the driving license or to order its release, emphasizing that the merits of the appeal would be determined at the substantive hearing, not at the interlocutory stage.
Court Disposition
application dismissed
Orders
- The application for suspension of the order cancelling the appellant's driving license is dismissed.
- The application for release of the confiscated driving license is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Criminal Appeal 41 of 2009
ALEXANDER K. KAMARI …………….… APPELLANT
VERSUS
REPUBLIC ……………………………….. RESPONDENT
RULING
Before curt is the Notice of Motion dated 9. 4.2010 in which the appellant/applicant seeks inter alia the following orders: -
“(c ) the order issued by the learned
Mr. T. Gesora, Resident Magistrate on 11. 3.2009 in Traffic case No. 105 of 2008 to the effect that the accused’s driving license be cancelled for the next 3 years and that he be prohibited from obtaining or holding a driving license for the next 3 years, be suspended pending the hearing and the determination of this Appeal
(d)the confiscated driving license No. 589651 be released to the appellant”
The appellant herein had been charged before the lower court in Traffic Case No. 105 of 2008 with the offence of Causing Death by Dangerous Driving contrary to “Section 46 of the Traffic Act Cap 403, Laws ofKenya.
On 11. 03. 2009, the trial court convicted the appellant and fined him Kshs.20,000/= and in addition suspended his driving license for a period of three (3) years. The appellant paid the fine and has lodged an appeal against his sentence. He has now come before me seeking that the order of the learned magistrate suspending his license be lifted pending the hearing and determination of his appeal. Mr. Wachira learned counsel submitted on behalf of the applicant whilst
Mr. Onserio, learned state counsel appeared for the respondent state and opposed the application. I have carefully considered the submissions of Mr. Wachira and I have perused and considered the supporting affidavit of the application. The applicant argues that he earns his livelihood as a driver and thus stands to suffer great loss if his license remains cancelled. However this must be weighed as against the fact that as a consequence of accused actions (for which he stands convicted a human life was lost. It is not for me to determine the merits or otherwise of his intended appeal at this point but I find that I am not persuaded by the arguments of the applicant. The learned trial magistrate made a lawful order suspending his license and until his appeal is heard and determined I am loath to interfere with that order. As such I decline to allow this present application. It is dismissed in its entirety.
Dated and Delivered inMombasa this 31st day of March 2010.
M. ODERO
JUDGE
Read in open court in the presence of:
Mr. Monda for state
Mrs. Wachira for applicant
M. ODERO
JUDGE