[1998] KEHC 279 (KLR)
The court found that the appellant's offence was not aggravated by factors such as intoxication or recklessness, and that he was a first offender with a long driving history. Relying on the precedent set in Orwevyo Missiani v Republic, the court held that a custodial sentence was not warranted in the circumstances....
Source-derived case information.
- Citation
- [1998] KEHC 279 (KLR)
- Parties
- Appellant: Peter Kagwima Daudi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 477 of 1998
- Procedural Posture
- Criminal Application / Appeal Against Sentence
- Outcome
- Appeal against sentence allowed; custodial sentence set aside and substituted with a fine and reduced disqualification period.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Causing Death by Dangerous Driving, Sentencing Principles, Traffic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kagwima Daudi
Appellant
Republic
Respondent
Procedural Posture
Criminal Application / Appeal Against Sentence
Legal Issues
- 1 Whether the custodial sentence imposed for causing death by dangerous driving was justified in the absence of aggravating features.
- 2 Whether the sentence should be substituted with a fine and a reduced period of disqualification from driving.
Ratio Decidendi
The court found that the appellant's offence was not aggravated by factors such as intoxication or recklessness, and that he was a first offender with a long driving history. Relying on the precedent set in Orwevyo Missiani v Republic, the court held that a custodial sentence was not warranted in the circumstances. The sentence was therefore set aside and substituted with a fine of KES 10,000, with a default sentence of one year imprisonment, and the period of disqualification from driving was reduced from three years to one year from the date of conviction.
Court Disposition
Appeal against sentence allowed; custodial sentence set aside and substituted with a fine and reduced disqualification period.
Orders
- The custodial sentence imposed by the trial magistrate is set aside.
- The appellant shall pay a fine of KES 10,000 or serve one year imprisonment in default.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
APPELLATE SIDE
CRIMINAL APPLICATION NO. 477 OF 1998
( From Original Conviction(s) and Sentence(s) in Traffic case no. 78 of 1998 of the Principal Magistrate’s Court at Kiambu F.N. MUCHEMI Station andMagistrates Name)
PETER KAGWIMA DAUDI..........................................APPELLANT
VERSUS
REPUBLIC......................................................................RESPONDENT
J U D G M E N T
This appeal is against sentence only. The appellant was convicted of the offence of Causing death by Dangerous driving c/s 46 of the Traffic act cap. 403 Laws of Kenya. Upon conviction he was sentenced to 5(five) years imprisonment and his licence cancelled for 3 years. The appellant was said to be a first offender aged 40 years old. He had been a driver for 15 years. It has been submitted that this is a case of momentary inattention or misjudgment and on the authority of Orwevyo Missiani -v- The Republic KLR 1979285 the appellant should be fined and disqualified for not more than a short period.
As observed in the said case, this is a case without any “compelling feature such as an element of intoxication or recklessness” such as to justify the imposition of a custodial sentence. I am inclined to interfere with the sentence on the foregoing grounds. Accordingly, I allow the appeal against the sentence imposed by the learned trial magistrate by setting it aside and substituting therefor a fine of kshs. 10,000/-(ten thousand) only in default to serve one year imprisonment. I also hereby reduce the disqualification from driving from three years to one year from the date of conviction.
Orders accordingly.
Dated and delivered at Nairobi this 15th day of December, 1998.
A. MBOGHOLI MSAGHA
JUDGE
MR NJOROGE FOR THE APPELLANT
MR O’MIRERA FOR THE RESPONDENT