[2002] KEHC 478 (KLR)
The court found that while causing death by dangerous driving is a grave offence, the appellant was a first offender and did not deserve the maximum sentence of ten years imprisonment on each count. The trial magistrate erred by imposing the maximum sentence without sufficient justification based on the appellant's...
Source-derived case information.
- Citation
- [2002] KEHC 478 (KLR)
- Parties
- Appellant: Joseph Cheruiyot Boru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1491 of 2000
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- sentence varied
- Legal Topics
- Dangerous Driving, Sentencing Principles, Traffic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Cheruiyot Boru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of ten years imprisonment for each count of causing death by dangerous driving was excessive for a first offender.
- 2 Whether the trial magistrate erred in imposing the maximum sentence without sufficient justification.
Ratio Decidendi
The court found that while causing death by dangerous driving is a grave offence, the appellant was a first offender and did not deserve the maximum sentence of ten years imprisonment on each count. The trial magistrate erred by imposing the maximum sentence without sufficient justification based on the appellant's personal circumstances. The High Court therefore set aside the sentence of ten years on each count and substituted it with a sentence of four years imprisonment on each count, to run concurrently. The disqualification from holding or obtaining a driving licence for three years was upheld, to commence after completion of the prison term.
Court Disposition
sentence varied
Orders
- The sentence of ten years imprisonment on each count is set aside and substituted with four years imprisonment on each count, to run concurrently.
- The disqualification from holding or obtaining a driving licence for three years is upheld and shall commence after completion of the prison sentence.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICIRMINAL APPEAL OF. 1491 OF 2000From Original Conviction and sentence in Criminal Case No. 311 of 1995 of The resident Magistrate’s Court at Kikuyu.JOSEPH CHERUIYOT BORU…………………………….APPELLANTVERSUSREPUBLIC………………………………………………….RESPONDENTJUDGMENT
The appellant was convicted of five counts of causing death by dangerous driving c/s 46 of The Traffic Act Cap 403 Laws of Kenya; and on each count he was sentenced to ten(10) years imprisonment. The sentences were ordered to run concurrently. Being aggrieved by the said conviction and sentence he lodged an appeal.
At the hearing of this appeal, it transpired hat he was only appealing against sentence. This he confirmed.
The period of imprisonment provided for under section 46 aforesaid is imprisonment for a term not exceeding ten years and in addition disqualification form holding a driving licence for three years.
The appellant was said to be a first offender. He had nothing to say in mitigation. The learned trial magistrate took into account he seriousness of the offence and loss of five lives. I agree the courts should take a serious view of such offences. However, as a first offender, the appellant did not deserve the maximum sentence as imposed by the learned trial magistrate. I am inclined in the circumstances to interfere with the same.
I accordingly set aside the sentence of ten years on each count and in place thereof impose a sentence of four(4) years imprisonment on each of the five counts. The sentences shall run concurrently.
The disqualification from possessing or obtaining a driving licence for 3 years shall remain and the period thereof shall urn from the date of completion of the sentence of imprisonment herein.
Orders accordingly.Dated and delivered at Nairobi this 5th day of December 2002. MBOGHOLI MSAGHAJUDGE