[2001] KEHC 269 (KLR)
The court found that the trial magistrate erred in imposing a custodial sentence on the appellant, a first offender who pleaded guilty to driving without due care and attention under section 49(1) of the Traffic Act. Both the appellant's counsel and the State agreed that the law does not provide for a custodial...
Source-derived case information.
- Citation
- [2001] KEHC 269 (KLR)
- Parties
- Appellant: Moranga Abusa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 499 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed on sentence; custodial sentence set aside and substituted with a fine.
- Legal Topics
- Traffic Offences, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moranga Abusa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether a custodial sentence is permissible for a first offender convicted of driving without due care and attention under section 49(1) of the Traffic Act.
- 2 Whether the sentence imposed by the trial court was lawful and appropriate.
Ratio Decidendi
The court found that the trial magistrate erred in imposing a custodial sentence on the appellant, a first offender who pleaded guilty to driving without due care and attention under section 49(1) of the Traffic Act. Both the appellant's counsel and the State agreed that the law does not provide for a custodial sentence for a first offender in such circumstances. The court set aside the prison sentence and substituted it with a fine, holding that the sentence must conform to the statutory provisions and the circumstances of the offender.
Court Disposition
Appeal allowed on sentence; custodial sentence set aside and substituted with a fine.
Orders
- The prison sentence is set aside.
- The appellant is fined Shs.4,000/- in default three months imprisonment.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.499 OF 2001
(From Original Conviction and Sentence in Criminal Case
No.1754 of 2001 of the Senior Principal Magistrate’s Court at
Kibera:
MORANGA ABUSA……………………..APPELLANT VERSUS REPUBLIC…………………..…………RESPONDENT JUDGMENT
The appeal is only against the sentence of nine months imprisonment promptly dished out by the learned Magistrate after he convicted the appellant on his plea of guilty for driving a motor vehicle without due care and attention contrary to section 49(1) of the Traffic Act, Cap.403 on 20th June 2001. Mr. Mogeni the learned advocate for the appellant pointed out that there is no provision for a custodial sentence for a first offender for this charges. With respect, I agree and so does the learned lady State Counsel, Miss Shiundu.
The appellant was extremely careless in driving the matatu Reg. No.KAL 108H, Nissan at the material time thereby causing damage to other three motor vehicles along Ngong road at the time. The appellant was a first offender and he pleaded guilty, which went his favour somewhat.
ORDER: The prison sentence is set aside. The appellant is fined Shs.4,000/- in default three months imprisonment. DATED and DELIVERED at NAIROBI this 28th June 2001. V.V. PATEL JUDGE