[2019] KEHC 11786 (KLR)
The court held that the sentence of 3 years imprisonment for causing death by dangerous driving was lawful and lenient, considering the gravity of the offence and the mitigation advanced by the applicant. The court found no compelling reason to interfere with the sentence, especially in light of the applicant's...
Source-derived case information.
- Citation
- [2019] KEHC 11786 (KLR)
- Parties
- Appellant: Thomas Venge Nzyimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 36 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Dangerous Driving, Sentencing Principles, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Venge Nzyimi
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether there is a compelling reason to revise the sentence of 3 years imprisonment for causing death by dangerous driving.
- 2 Whether the existence of a pending appeal (HCCRA 31/2019) disentitles the applicant to revisionary relief.
Ratio Decidendi
The court held that the sentence of 3 years imprisonment for causing death by dangerous driving was lawful and lenient, considering the gravity of the offence and the mitigation advanced by the applicant. The court found no compelling reason to interfere with the sentence, especially in light of the applicant's pending appeal (HCCRA 31/2019), which precluded the exercise of revisionary jurisdiction. The interests of justice for the deceased and the need for deterrence in road safety matters outweighed the applicant's personal circumstances. Accordingly, the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is rejected and dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL DIVISION
SIAYA CR. REV. NO. 36 OF 2019
THOMAS VENGE NZYIMI ……………………………….…… APPELLANT
VERSUS
REPUBLIC ………………………..……………………………... RESPONDENT
(Being an application for Revision of sentence in Ukwala PM’S Traffic Case No. 70 of 2019 dated 23. 4.2019 before Hon. G. Adhiambo – P.M.).
RULING
1. On 23. 4.2019 the Applicant Thomas Venge Nzyimi was convicted for the offence of causing death by dangerous driving. He pleaded guilty and after the Court considered his mitigation, he was sentenced to serve 3 years imprisonment.
2. On 12. 7.2019 he filed this application for revision. In sentencing the Applicant/Convict herein Hon G. Adhiambo P.M. took into account mitigations, the fact that he was a first offender and the lost life due to recklessness of the Accused.
3. The sentence meted out was lawful and lenient bearing in mind the seriousness of the offence that led to loss of life and serious injury to another person.
4. In my view I find no compelling reason to revise the sentence, Furthermore, the Applicant has a pending HCCRA 31/2019 which disentitles him to discretionary revisionary powers.
5. Albeit the convict claims that he has a family with children who depend on him, the deceased too deserved to live his life fully. He must have had dependants too who have been left to fend for themselves. As for the Applicant’s dependants, at least they can have hope that he will serve such short term sentence and return to work and care for them.
9. The dead too deserve justice. The Applicant should remain behind bars and off the road for some time so as not to be such a danger to innocent road users. Road accidents have claimed many innocent lives.
10. Accordingly, I find no compelling reason or ground to revise the sentence of 3 years imprisonment imposed.
11. The application is rejected and dismissed.
12. File closed.
DATED AT SIAYA THIS 26 DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R. E. ABURILI
JUDGE