[2019] KEHC 28 (KLR)
The court found that the applicant's plea of guilty was unequivocal and that the sentence of 120 days imprisonment or a fine of Kshs 4,000 was both lawful and lenient given the seriousness of the traffic offences. However, considering the circumstances, the court exercised its discretion to conditionally discharge...
Source-derived case information.
- Citation
- [2019] KEHC 28 (KLR)
- Parties
- Applicant: David Ochieng Ongaro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 103 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- conditional discharge granted; sentence revised with conditions attached.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Traffic Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ochieng Ongaro
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the applicant for riding a motorcycle without insurance, driving licence, helmet, and reflective jacket was lawful and appropriate.
- 2 Whether the applicant should be conditionally discharged or the sentence revised.
Ratio Decidendi
The court found that the applicant's plea of guilty was unequivocal and that the sentence of 120 days imprisonment or a fine of Kshs 4,000 was both lawful and lenient given the seriousness of the traffic offences. However, considering the circumstances, the court exercised its discretion to conditionally discharge the applicant, ordering that he not commit any offence within the next six months, failing which he would serve the remainder of the sentence. The court further ordered that the applicant must not ride any vehicle or motorcycle unless he obtains proper training and a valid driving licence, and complies with all legal requirements for riding a motorcycle.
Court Disposition
conditional discharge granted; sentence revised with conditions attached.
Orders
- The applicant is conditionally discharged and ordered not to commit any offence in the next 6 months, failing which he shall serve the remainder of the sentence.
- The applicant shall not ride any vehicle or motorcycle unless he trains with a licensed driving school, obtains a valid driving licence, and complies with all requirements for riding a motorcycle on a road.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 103 OF 2019
DAVID OCHIENG ONGARO..........................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal Case No. 868 of 2019 at Bondo Principal Magistrate’s Court, delivered on 7. 9.2019)
RULING
1. The applicant was convicted on his own plea of guilty and was sentenced to serve 120 days in prison after failing to raise a fine of Kshs, 4,000/= for the offence of riding a motorcycle without the following essentials: insurance, driving licence, helmet and reflective jacket. This was on 11/10/2019 vide Bondo PM Traffic Case No. 405/2019.
2. The plea was unequivocal and the sentence is lawful and lenient.
3. The offence is serious and the sentence is lenient and lawful. The convict is however conditionally discharged and ordered not to commit any offence in the next 6 months in breach he shall be send to prison to complete the term.
4. In addition, the convict David Ochieng Ongaro shall not be found riding any vehicle or motorcycle unless he trains with a licenced driving school and obtains a valid driving licence and complies with all requirements of riding a motorcycle on a road.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 20th Day of December 2019
R.E. ABURILI
JUDGE