[2025] KEMC 9 (KLR)
The accused, having pleaded guilty to driving a commercial vehicle while under the influence of alcohol and exceeding the prescribed limit, was convicted under Section 44(1) of the Traffic Act. The court considered the fact that he is a first-time offender but emphasized the heightened risk posed by driving a heavy...
Source-derived case information.
- Citation
- [2025] KEMC 9 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilson Kimani
- Court
- Magistrate's Court
- Court Station
- Nakuru Law Courts
- Jurisdiction
- Kenya
- Case Number
- Traffic Case E220 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
Wilson Kimani
Defendant
Procedural Posture
Traffic Case / Sentence
Legal Issues
- 1 Whether the accused drove a motor vehicle on a public road under the influence of alcohol contrary to Section 44(1) of the Traffic Act.
- 2 Whether the sentence imposed is appropriate considering the circumstances and statutory provisions.
Ratio Decidendi
The accused, having pleaded guilty to driving a commercial vehicle while under the influence of alcohol and exceeding the prescribed limit, was convicted under Section 44(1) of the Traffic Act. The court considered the fact that he is a first-time offender but emphasized the heightened risk posed by driving a heavy commercial vehicle while intoxicated. In accordance with the law, the court imposed a fine of Kshs. 30,000, with a default custodial sentence of 8 months, and disqualified the accused from holding or obtaining a driving license for 12 months. The sentence reflects both the seriousness of the offence and the statutory requirements, balancing deterrence and the accused's...
Court Disposition
convicted and sentenced
Orders
- The accused is fined 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
17 paragraphs
Republic v Kimani (Traffic Case E220 of 2025) [2025] KEMC 9 (KLR) (6 February 2025) (Sentence)
Neutral citation: [2025] KEMC 9 (KLR)
Republic of Kenya
In the Nakuru Law Courts
Traffic Case E220 of 2025
PA Ndege, SPM
February 6, 2025
Between
Republic
Prosecution
and
Wilson Kimani
Accused
Sentence
1. The accused person herein, Wilson Kimani, 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 05/02/2025 at about 00. 02am along Pinkam Road, in Nakuru County, being the driver of motor vehicle Reg. No. KDP 166V make Canter, he drove the said motor vehicle while under the influence of alcohol 0. 87 mg/l instead of 0. 01 mg/l for commercial motor vehicles which exceeded prescribed alcoholic limit thereby exceeded by 0. 86 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 heavy commercial vehicle at the time while inebriated. I have taken note of the dangers and risks that he posed to himself and to other member 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 FEBRUARY, 2025ALOYCE-PETER-NDEGESENIOR PRINCIPAL MAGISTRATEIn the presence of;Court interpreter: JanetProsecution counsel: MachariaAccused: Present