[2025] KEHC 8663 (KLR)
The court found that the applicant, being a first offender who pleaded guilty and expressed remorse, deserved leniency. The original sentence was set aside and substituted with a reduced fine, while maintaining the statutory disqualification from holding or obtaining a driving licence. The court emphasized the...
Source-derived case information.
- Citation
- [2025] KEHC 8663 (KLR)
- Parties
- Applicant: Stanway Maturi; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Revision Case E048 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application allowed; sentence revised downward
- Judges
- WA Okwany
- Legal Topics
- Sentencing Revision, Driving Under Influence, First Offender Principle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stanway Maturi
Applicant
The Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court for driving under the influence was excessive and warranted downward revision.
- 2 Whether the applicant's status as a first offender and his remorse justified leniency in sentencing.
Ratio Decidendi
The court found that the applicant, being a first offender who pleaded guilty and expressed remorse, deserved leniency. The original sentence was set aside and substituted with a reduced fine, while maintaining the statutory disqualification from holding or obtaining a driving licence. The court emphasized the importance of encouraging admissions of guilt and saving judicial time, provided the interests of justice are served.
Court Disposition
application allowed; sentence revised downward
Orders
- The sentence passed by the trial court is set aside and substituted with a fine of Kshs. 15,000, in default twelve (12) months’ imprisonment.
- The applicant is disqualified from holding or obtaining a driving licence for a period of 12 months from 21st May 2025.
Full Case Text
Judgment text and source record
22 paragraphs
Maturi v Republic (Revision Case E048 of 2025) [2025] KEHC 8663 (KLR) (17 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8663 (KLR)
Republic of Kenya
In the High Court at Nyamira
Revision Case E048 of 2025
WA Okwany, J
June 17, 2025
Between
Stanway Maturi
Applicant
and
The Republic
Respondent
Ruling
1. I have carefully considered the Application dated 28th May 2025 together with the Supporting Affidavit. I note that the said Application is not opposed.
2. A perusal of the Lower Court record reveals that the Applicant pleaded guilty to the offence of driving a motor vehicle on a public road while under the influence of alcohol contrary to Section 44 (1) of the Traffic Act. He was consequently convicted and sentenced to pay a fine of Kshs. 80,000/= in default to serve twelve (12) months imprisonment.
3. The Applicant was further disqualified from holding or obtaining a driving licence for a period of 12 months from the date of the judgment being 21st May 2025.
4. He has now applied for a revision of the sentence downwards.
5. The record reveals that the Applicant was a first offender and is remorseful for his offence. I am of the view that the Applicant deserves leniency since he admitted his wrong-doing thereby saving the court’s precious judicial time, that could have been spent in a full trial.
6. I find that the Application dated 28th May 2025 is merited and therefore allow it in the following terms: -a.The sentence passed by the trial court is hereby set aside and in its place, substituted by a sentence to a fine of Kshs. 15,000/=, in default twelve (12) months’ imprisonment.b.The Applicant is further disqualified from holding or obtaining a driving licence for a period of 12 months from 21st May 2025. File marked as closed.
7. It is so ordered.
RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIRTUALLY VIA MICROSOFT TEAMS THIS 17THDAY OF JUNE 2025. W. A. OKWANYJUDGE