[2018] KEHC 9251 (KLR)

[2018] KEHC 9251 (KLR)

The High Court found that the trial magistrate erred by imposing a default custodial sentence of three years in lieu of the fine, contrary to Section 28 of the Penal Code, which limits the default sentence to twelve months. The court also noted that the applicant was only convicted on the first count (causing death...

Source-derived case information.

Citation
[2018] KEHC 9251 (KLR)
Parties
Applicant: Paul Ndichu Mbirwe; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision 125 of 2018
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
application partially allowed
Legal Topics
Sentencing Revision, Dangerous Driving, Traffic Offences, Default Sentences
Source Language
en
Criminal Law Sentencing Revision Dangerous Driving Traffic Offences Default Sentences

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Summary, issues, holding and outcome

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Parties

Paul Ndichu Mbirwe

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the default custodial sentence imposed by the trial court was lawful and proportionate to the offence committed.
  2. 2 Whether the applicant was properly convicted and sentenced on all counts charged.
  3. 3 Whether the applicant is entitled to a non-custodial sentence or conditional pardon.

Ratio Decidendi

The High Court found that the trial magistrate erred by imposing a default custodial sentence of three years in lieu of the fine, contrary to Section 28 of the Penal Code, which limits the default sentence to twelve months. The court also noted that the applicant was only convicted on the first count (causing death by dangerous driving), and the other counts were not properly addressed. The seriousness of the offence did not warrant reduction of the lawful sentence, but the default custodial term had to be brought in line with statutory requirements. The court substituted the three-year default sentence with a twelve-month term, upholding the fine and the conviction on count I only.

Court Disposition

application partially allowed

Orders

  • The default sentence of three years is set aside and substituted with an order that the applicant shall pay a fine of Ksh. 500,000 in default serve twelve months imprisonment.
  • The conviction and sentence on count I (causing death by dangerous driving) is upheld.