[2024] KEHC 7698 (KLR)
The High Court found that the trial court imposed a sentence of fifteen years imprisonment for causing death by dangerous driving, which exceeded the statutory maximum of ten years under the Traffic Act. The respondent conceded this error. The court held that a sentence exceeding the statutory maximum is unlawful...
Source-derived case information.
- Citation
- [2024] KEHC 7698 (KLR)
- Parties
- Appellant: Robert Kiprotich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 36 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentence set aside and substituted with term already served
- Judges
- JR Karanja
- 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
Robert Kiprotich
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for causing death by dangerous driving exceeded the statutory maximum under the Traffic Act.
- 2 Whether the concurrent sentences imposed by the trial court were harsh, excessive, or unlawful.
Ratio Decidendi
The High Court found that the trial court imposed a sentence of fifteen years imprisonment for causing death by dangerous driving, which exceeded the statutory maximum of ten years under the Traffic Act. The respondent conceded this error. The court held that a sentence exceeding the statutory maximum is unlawful and must be set aside. Given that the appellant had already served a substantial period since 2019, the court substituted the unlawful sentence with a sentence equivalent to the term already served, thereby allowing the appeal to the extent of setting aside the original sentence and ordering the appellant's release.
Court Disposition
appeal allowed in part; sentence set aside and substituted with term already served
Orders
- The concurrent sentence of fifteen years imprisonment imposed by the trial court is set aside.
- The appellant is sentenced to the term already served and shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
Kiprotich v Republic (Criminal Appeal 36 of 2019) [2024] KEHC 7698 (KLR) (26 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7698 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Appeal 36 of 2019
JR Karanja, J
June 26, 2024
Between
Robert Kiprotich
Appellant
and
Republic
Respondent
Judgment
1. The Appellant was convicted by the trial court on two traffic offence of causing death by dangerous driving and driving of uninsured motor vehicle. He had been also charged with the offence of driving a defective motor vehicle but was acquitted of that charge. Upon conviction, he was sentenced to fifteen (15) years imprisonment for dangerous driving and fifteen (15) years imprisonment for driving an uninsured motor vehicle. Both sentences were to run concurrently.
2. Being dissatisfied, the Appellant filed this appeal which is essentially of sentence and for which this court may interfere with if it was unlawful or if it was inordinately high or low or rather harsh and excessive. The state/Respondent is not opposed to the appeal on the basis that the sentence of fifteen (15) years imprisonment for causing death by dangerous driving was not in keeping with the sentence of ten (10) years imprisonment prescribed by the relevant provision of the Traffic Act.
3. The implication was that the sentences imposed by the trial court were harsh and excessive if not unlawful.
4. This court agrees with the contention by the state in its non opposition to this appeal which is therefore allowed to the extent that the concurrent sentence of fifteen (15) years imprisonment imposed upon the Appellant by the trial court is hereby set aside and substituted for a sentence of the term already served by the Appellant is in prison given that he was sentenced in the year 2019.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 26TH JUNE, 2024. J.R. KARANJAHJUDGEIn the presence:-Appellant; PresentMr. Karanja for stateCourt Assistant; Kibet