[2015] KEHC 2511 (KLR)
The court found that the applicant had demonstrated remorse and had taken steps to repair the damage caused by his offence, as evidenced by the payment for repairs to the motor vehicle. The court determined that these circumstances constituted sufficient grounds to revise the sentence imposed by the subordinate...
Source-derived case information.
- Citation
- [2015] KEHC 2511 (KLR)
- Parties
- Applicant: Fred Mayaka Mugere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 139 of 2015
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised and substituted with non-custodial order
- Judges
- JK Mulwa
- Legal Topics
- Traffic Offences, Sentencing Revision, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fred Mayaka Mugere
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the subordinate traffic court was appropriate in light of the applicant's remorse and reparations.
- 2 Whether sufficient grounds exist for the High Court to revise the sentence under Sections 362 and 364 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant had demonstrated remorse and had taken steps to repair the damage caused by his offence, as evidenced by the payment for repairs to the motor vehicle. The court determined that these circumstances constituted sufficient grounds to revise the sentence imposed by the subordinate traffic court. Accordingly, the court exercised its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, setting aside the fine of Kshs.11,000 and substituting it with a non-custodial sentence requiring the applicant to keep the peace and be of good behaviour for 30 days.
Court Disposition
sentence revised and substituted with non-custodial order
Orders
- The sentence of a fine of Kshs.11,000 imposed by the subordinate traffic court is set aside.
- The applicant is to keep the peace and be of good behaviour for 30 days.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL REVISION NO.139 OF 2015
FRED MAYAKA MUGERE.............................................................APPLICANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
RULING
The matter has been laced before me pursuant to the provisions of Section 362 and 364 of the Criminal Procedural Code by a letter by the applicant dated 30th June, 2015 in respect of proceedings in Traffic Case No.4127 of 2015 – Republic V. Fred Mayaka Mugere.
The accused was charged in the Traffic Court on two counts contrary to Section 103B(5) as read with Subsection (7) of the Traffic Act.
The traffic court found him guilty and sentenced him to pay a cumulative fine of Kshs.11,000 on both counts.
In his letter, he states that he is remorseful and has already paid a sum of Kshs.12,000 for the repair of the motor vehicle to be executed by D.T. Dobie, Nakuru Branch.
This court is satisfied that there exists sufficient circumstances entitling it to revise the decision of the subordinate traffic court.
In the circumstances, the sentence imposed upon the accused to pay a fine of Kshs.11,000/= is hereby revised and set aside. It is substituted with a none custodial sentence to keep the peace and be of good behaviour for 30 days.
It is so ordered.
Dated, and Signed this 30th day of June 2015.
J. N. MULWA
JUDGE