[2020] KEHC 4506 (KLR)
The court found that the applicant had been convicted of minor traffic offences and had already served approximately 10 months in custody. Given the non-opposition by the prosecution and the nature of the offences, the court determined that the sentence already served was sufficient punishment. The applicant was...
Source-derived case information.
- Citation
- [2020] KEHC 4506 (KLR)
- Parties
- Applicant: Stanley Mwangi; Respondent: Office of the Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 45 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- application allowed; applicant discharged; release ordered
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Minor Traffic Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Mwangi
Applicant
Office of the Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for minor traffic offences should be revised.
- 2 Whether the period already served by the applicant is sufficient punishment for the offences committed.
Ratio Decidendi
The court found that the applicant had been convicted of minor traffic offences and had already served approximately 10 months in custody. Given the non-opposition by the prosecution and the nature of the offences, the court determined that the sentence already served was sufficient punishment. The applicant was accordingly discharged under section 354(2)(1) of the Criminal Procedure Code and ordered to be released unless otherwise lawfully held.
Court Disposition
application allowed; applicant discharged; release ordered
Orders
- The applicant is discharged under section 354(2)(1) of the Criminal Procedure Code.
- The applicant is to be released from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYAAT MILIMANI LAW COURTS
CRIMINAL DIVISION
MISCELLANEOUS CR. APP. CASE NO 45 OF 2020
STANLEY MWANGI....................................................................................APPLICANT
VERSUS
OFFFICE OF THE DIRECTOR OF PUBLICPROSECUTION.........RESPONDENT
RULING
The applicant STANLEY MWANGI, has filed an application herein dated 20. 1.2020 seeking revision of the sentence meted out on him in Makadara Court Traffic case number 7443/2019 on 13. 8.2019. In the said case, the applicant faced up to 6 counts and upon his own pleas of guilty on the 6 counts, was convicted and sentenced to a cumulative fine of Ksh.72,000/= or in default to serve concurrent sentences to run for up to 12 months.
The prosecution has not opposed this application noting that the charges/offences were minor traffic offences. It was conceded that the sentences could be reviewed.
I have considered the pleas of the applicant and the response of the prosecution side. It has been conceded that the applicant only faced minor traffic charges. He has been in custody from the date of sentence on 13. 8.2019 about 10 months. In view of the nature of the charges the applicant was convicted of and the fact that the prosecution has not opposed this application, I allow this application. I discharge the applicant under section 354(2)(1) as the sentence he has served is sufficient. He is to be released from custody unless lawfully held. Orders accordingly.
D. O. OGEMBO
JUDGE
19. 6.2020
Court:
The Ruling read out in court (Skype) in the presence of the applicant and Ms. Ndombi for the state.
D. O. OGEMBO
JUDGE
19. 6.2020