[2019] KEHC 24 (KLR)
The court found that while the sentence imposed was lawful and lenient, the offences were serious as they endangered the applicant and other road users. However, considering the short custodial sentence and the need to reduce prison congestion, the court exercised its discretion to substitute the custodial sentence...
Source-derived case information.
- Citation
- [2019] KEHC 24 (KLR)
- Parties
- Applicant: Stephen Odhiambo Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 105 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; custodial sentence substituted with conditional discharge
- Judges
- RE Aburili
- Legal Topics
- Sentencing Revision, Traffic Offences, Conditional Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Odhiambo Juma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for traffic offences was lawful and appropriate.
- 2 Whether the applicant should be granted a non-custodial sentence in place of imprisonment.
Ratio Decidendi
The court found that while the sentence imposed was lawful and lenient, the offences were serious as they endangered the applicant and other road users. However, considering the short custodial sentence and the need to reduce prison congestion, the court exercised its discretion to substitute the custodial sentence with a conditional discharge under Section 35 of the Penal Code. The applicant was ordered not to commit any offence within six months, failing which he would serve the remainder of the prison term. Additionally, the applicant was prohibited from riding any motor vehicle or motorcycle until he had undergone training at a licensed driving school and obtained a valid driving...
Court Disposition
sentence revised; custodial sentence substituted with conditional discharge
Orders
- The custodial sentence imposed on Stephen Odhiambo Juma is revised and substituted with a conditional discharge for the remainder of the prison term under Section 35 of the Penal Code.
- The applicant shall not commit any offence within the next six months, failing which he shall serve the remainder of the prison term.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 105 OF 2019
STEPHEN ODHIAMBO JUMA......….........................................................APPLICANT
VERSUS
REPUBLIC…………………….....................................................…….…RESPONDENT
(Being an Application for Revision of sentence in Traffic Case No. 247 of 2019 at Siaya Principal Magistrate’s Court, delivered on 18. 9.2019)
RULING
1. The convict was sentenced to serve 3 months imprisonment in default to pay a fine of Kshs. 16,000/= for the offence of Riding a motorcycle without an Insurance, Driving licence, Helmet and Reflective jacket. This was after he pleaded guilty to the charge which plea was unequivocal.
2. The sentence is lawful and lenient. The offence is however serious as the convict not only endangered himself but his pillion passengers and other road users.
3. Nonetheless, for the short sentence, the convict could have been handed an alternative sentence to custodial one to reduce prison congestion.
4. Accordingly, I exercise judicial discretion and revise the sentence imposed on the convict Stephen Odhiambo Juma and substitute it with a conditional discharge under Section 35 of the Penal Code for the remainder prison term, not to commit any offence in the next six months breach of which he shall be send back to prison to complete the remainder term.
5. In addition, the convict Stephen Odhiambo Juma shall not ride any motor vehicle or motorcycle before training in a licensed driving school and obtaining a valid driving licence. The conditional discharge is to enable him enrol in a driving school.
6. Orders accordingly.
Dated, signed and delivered at Siaya this 20th day of December 2019
R.E. ABURILI
JUDGE