[2024] KEHC 14045 (KLR)
The court found that the applicant, having pleaded guilty and thus saved judicial time, had served a sufficient sentence for the offences of driving under the influence and driving a PSV without the proper licence. In light of the Chief Justice's directive on prison decongestion, and considering the fines imposed...
Source-derived case information.
- Citation
- [2024] KEHC 14045 (KLR)
- Parties
- Applicant: Stephen Orina Maroko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 181 of 2024
- Procedural Posture
- Criminal Revision / Sentence Review
- Outcome
- sentence reviewed; applicant released
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Traffic Offences, Driving Under Influence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Orina Maroko
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's memo on prison decongestion.
- 2 Whether the sentence already served by the applicant is sufficient given his plea of guilty.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and thus saved judicial time, had served a sufficient sentence for the offences of driving under the influence and driving a PSV without the proper licence. In light of the Chief Justice's directive on prison decongestion, and considering the fines imposed and time already served, further incarceration was deemed unnecessary. The applicant was therefore ordered to be released unless otherwise lawfully held.
Court Disposition
sentence reviewed; applicant released
Orders
- The applicant is released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
Maroko v Republic (Criminal Revision 181 of 2024) [2024] KEHC 14045 (KLR) (11 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14045 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 181 of 2024
DR Kavedza, J
November 11, 2024
Between
Stephen Orina Maroko
Applicant
and
Republic
Respondent
Ruling
1. This file was opened for purposes of considering whether the convict Stephen Orina Maroko 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 for the offence of driving a public service motor vehicle while under influence of alcohol contrary to section 45(1) of the Traffic Act and driving a PSV licence contrary to Section 98(1) as read with 107 of the Traffic Act. He was sentenced to pay fine of ksh.10,000/- for count 1 and ksh.5,000/- for count 2; in default to serve 3 months in prison for each count.
3. From the record, I note that the applicant was convicted and sentenced on 13th May 2024 on his own plea of guilty. He therefore saved the court’s time. In the premises, it is my finding that the sentenced served is sufficient.
4. The applicant is released forthwith unless otherwise lawfully held.
RULING DATED AND DELIVERED VIRTUALLY THIS 11TH DAY OF NOVEMBER 2024. ............................D. KAVEDZAJUDGE