[2019] KEHC 1177 (KLR)
The court found that although the offence of causing death by dangerous driving is serious and warrants a stringent sentence, the default custodial sentence imposed in the lower court (three years imprisonment in default of paying a fine of Kshs. 400,000) was illegal as it did not comply with Section 28(2) of the...
Source-derived case information.
- Citation
- [2019] KEHC 1177 (KLR)
- Parties
- Applicant: Kennedy Kiman Njeru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 290 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- sentence revised and substituted
- 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
Kennedy Kiman Njeru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for causing death by dangerous driving was lawful and in accordance with the law.
- 2 Whether the default custodial sentence for non-payment of fine was consistent with Section 28(2) of the Penal Code.
Ratio Decidendi
The court found that although the offence of causing death by dangerous driving is serious and warrants a stringent sentence, the default custodial sentence imposed in the lower court (three years imprisonment in default of paying a fine of Kshs. 400,000) was illegal as it did not comply with Section 28(2) of the Penal Code. The court therefore set aside the original sentence and substituted it with a lawful sentence: a fine of Kshs. 400,000, and in default, one year imprisonment.
Court Disposition
sentence revised and substituted
Orders
- The sentence of three years imprisonment in default of fine is set aside.
- The applicant shall pay a fine of Kshs. 400,000; in default, serve one year imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 290 OF 2019
KENNEDY KIMAN NJERU.........................................................APPLICANT
VERSUS
REPUBLIC.................................................................................RESPONDENT
RULING
1. The Applicant was charged with causing death by dangerous driving contrary to Section 46 of the Traffic Act, cap 403 Laws of Kenya. It is alleged that on 15th February, 2019 at around 5. 30 pm along Juja Road within Nairobi County while driving motor vehicle Registration No. KBX 055S drove the said motor vehicle in a dangerous manner and caused the death of Peter Shannel Kahero. He was convicted after a trial vide Milimani Traffic Case No. 5588 of 2019 and sentenced to pay a fine of Kshs. 400,000/= in default serve three years imprisonment.
2. The Applicant has approached this court seeking a review of the sentence. He seeks leniency on ground that he is the bread winner of the family. Ms. Akunja for the Respondent did not oppose the application.
3. It is trite the offence the Applicant was accused of is very serious and a stringent sentence is warranted. However, where a fine is imposed, the default sentence must accord with Section 28(2) of the Penal Code. That means that the sentence imposed was illegal.
4. I accordingly set aside the sentence and substitute it with an order that the applicant shall pay a fine of Kshs. 400,000/= in default serve one year imprisonment. It is so ordered.
Dated and Delivered at Nairobi This 25th day of November, 2019.
G.W.NGENYE-MACHARIA
JUDGE.
In the presence of;
1. Applicant in person.
2. M/s Akunja for the Respondent.