[2024] KEHC 15360 (KLR)
The court found that the applicant, having pleaded guilty and served the sentence imposed for the offences of riding a motorcycle without a valid license and failing to wear a helmet, had sufficiently served his sentence. In the spirit of prison decongestion as directed by the Chief Justice Memo, and considering the...
Source-derived case information.
- Citation
- [2024] KEHC 15360 (KLR)
- Parties
- Applicant: Bandiruka Kedi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 297 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- sentence reviewed; applicant to be released unless otherwise lawfully held
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Review, Traffic Offences, Prison Decongestion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bandiruka Kedi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should be reviewed in light of the Chief Justice Memo on prison decongestion.
- 2 Whether the sentence imposed for riding without a valid license and failing to wear a helmet was sufficient.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and served the sentence imposed for the offences of riding a motorcycle without a valid license and failing to wear a helmet, had sufficiently served his sentence. In the spirit of prison decongestion as directed by the Chief Justice Memo, and considering the applicant's guilty plea and time already served, the court determined that further incarceration was unnecessary. The applicant was therefore ordered to be released forthwith unless otherwise lawfully held.
Court Disposition
sentence reviewed; applicant to be released unless otherwise lawfully held
Orders
- The applicant is to be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
Kedi v Republic (Criminal Revision 297 of 2024) [2024] KEHC 15360 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15360 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 297 of 2024
DR Kavedza, J
December 4, 2024
Between
Bandiruka Kedi
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Bandiruka Kedi is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.
2. The applicant was convicted on two counts of offences. Count I was riding a motorcycle without a valid driving license contrary to section 103B(5) as read with section 103B(7) of the Traffic Act Cap 403 Laws of Kenya, and count II was failing to wear a helmet contrary to section 103B(7) of the Traffic Act Cap 403 Laws of Kenya.
3. He was sentenced to pay a fine of sum Kshs. 7,000 for and in default to serve six (6) months imprisonment for count I, while for count II he was sentenced to pay a fine of sum Kshs. 2,500 and in default to serve one (1) month imprisonment. From the record, the applicant pleaded guilty and saved the court’s time. In my view, the sentence served in sufficient. The applicant is to be released forthwith unless otherwise lawfully held.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF DECEMBER 2024________________D. KAVEDZAJUDGE