[2025] KEMC 8 (KLR)
The court found that the accused, Stephen Maina Kiiru, admitted to driving a public service vehicle while under the influence of alcohol, with a blood alcohol level of 2.80 mg/l, which exceeded the legal limit for PSV drivers by 2.79 mg/l. As a first-time offender, the court considered his plea for forgiveness but...
Source-derived case information.
- Citation
- [2025] KEMC 8 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Maina Kiiru
- Court
- Magistrate's Court
- Court Station
- Nakuru Law Courts
- Jurisdiction
- Kenya
- Case Number
- Traffic Case E216 of 2025
- Procedural Posture
- Traffic Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- PA Ndege
- Legal Topics
- Drunk Driving, Traffic Offences, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Maina Kiiru
Defendant
Procedural Posture
Traffic Case / Sentence
Legal Issues
- 1 Whether the accused drove a public service vehicle while under the influence of alcohol contrary to section 44(1) of the Traffic Act.
- 2 What is the appropriate sentence for a first-time offender convicted of this offence.
Ratio Decidendi
The court found that the accused, Stephen Maina Kiiru, admitted to driving a public service vehicle while under the influence of alcohol, with a blood alcohol level of 2.80 mg/l, which exceeded the legal limit for PSV drivers by 2.79 mg/l. As a first-time offender, the court considered his plea for forgiveness but emphasized the heightened risk posed to passengers and the public by his conduct. Applying the relevant statutory provisions, the court imposed a fine of Kshs. 30,000, with a default sentence of 8 months imprisonment, and disqualified the accused from holding or obtaining a driving license for 12 months from the date of the sentence.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to a fine of Kshs. 30,000, in default to serve 8 months imprisonment.
- The accused is disqualified from holding or obtaining a driving license for 12 months from the date of sentence.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Kiiru (Traffic Case E216 of 2025) [2025] KEMC 8 (KLR) (6 February 2025) (Sentence)
Neutral citation: [2025] KEMC 8 (KLR)
Republic of Kenya
In the Nakuru Law Courts
Traffic Case E216 of 2025
PA Ndege, SPM
February 6, 2025
Between
Republic
Prosecution
and
Stephen Maina Kiiru
Accused
Sentence
1. The accused person herein, Stephen Maina Kiiru, has been convicted upon own plea of the offence of Driving a Motor Vehicle on a Public Road under the Influence of Alcohol Contrary to Section 44(1) of the Traffic Act, Cap 403 Laws of Kenya. He has admitted that on 04/02/2025 at about 06. 21 pm along Mburu Gichua Road, in Nakuru County, being the driver of motor vehicle Reg. No. KAS 066G make Toyota Matatu, he drove the said motor vehicle while under the influence of alcohol 2. 80 mg/l instead of 0. 01 mg/l for P.S.V. which exceeded prescribed alcoholic limit thereby exceeded by 2. 79 mg/l to such an extent to be incapable of having proper control of the said motor vehicle.
2. He is a first-time offender as no previous records were furnished by the prosecution. He has pleaded for forgiveness. I have looked at the relevant provisions herein. The accused person was driving a public service vehicle, commonly known as matatu at the time while inebriated. I have taken note of the dangers and risks that he posed to himself, his passengers and other members of the public and I do hereby sentence him to a fine of Kshs. 30,000/= and in default to serve 8 months imprisonment. Further pursuant to the provisions of section 44(2) of the Traffic Act, I do hereby disqualify him from holding or obtaining a license for a period of 12 months from the date hereof.
14 days Right of Appeal, explained
DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 06th DAY OF Februray, 2025ALOYCE-PETER-NDEGESENIOR PRINCIPAL MAGISTRATEIn the presence of;Court interpreter: JanetProsecution counsel: MachariaAccused: Present