[2020] KEHC 7140 (KLR)
The court found that the applicant, a first offender who pleaded guilty to four counts of traffic offences, had already served approximately seven months in prison due to inability to pay fines. The trial court did not specify whether the sentences were to run concurrently or consecutively, creating ambiguity and...
Source-derived case information.
- Citation
- [2020] KEHC 7140 (KLR)
- Parties
- Applicant: Stephen Antony Obare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 19 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Traffic Offences, Concurrent Sentences, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stephen Antony Obare
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentences for traffic offences should be revised to run concurrently or be reduced to time already served.
- 2 Whether the absence of an indication on concurrency or consecutiveness of sentences prejudiced the applicant.
Ratio Decidendi
The court found that the applicant, a first offender who pleaded guilty to four counts of traffic offences, had already served approximately seven months in prison due to inability to pay fines. The trial court did not specify whether the sentences were to run concurrently or consecutively, creating ambiguity and potential prejudice. Exercising its revisionary jurisdiction, the High Court determined that justice would be served by revising the applicant's sentences to the period already served, effectively releasing him from further imprisonment.
Court Disposition
application for revision of sentence allowed
Orders
- The applicant's sentences are revised to the period already served in prison.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 19 OF 2020
(CORAM: R. E. ABURILI - J.)
STEPHEN ANTONY OBARE.................APPLICANT
VERSUS
REPUBLIC.............................................RESPONDENT
(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya Criminal Case No. 222 of 2019 dated 28. 8.2019 before Hon. M. MWANGI, Resident Magistrate)
RULING
1. The convict Stephen Anthony Obare was convicted and sentenced to pay various fines on 4 counts in traffic offences. In default he is to serve prison terms ranging between 2 and 3 months. He pleaded guilty to the charges. He is a first offender and has not appealed.
2. The fines range from Kshs 5,000/= and Kshs 10,000/=. The convict is unable to raise the fines and there is no indication from the trial court record whether the sentences are to run concurrently or consecutively.
3. The convict has been in prison from 22/8/2019. He has already served about 7 months imprisonment.
4. I order that the convict’s sentences be revised to the period already served in prison.
5. Orders accordingly
Dated, signed and delivered at Siaya, this 20th Day of March 2020.
R.E. ABURILI
JUDGE