[2017] KEHC 8661 (KLR)
The court found that the offences committed by the applicant were minor traffic offences and that the fines imposed were exorbitant in the circumstances. Considering that the applicant had already served 12 days in jail, the court held that this period constituted sufficient punishment. The sentence of a fine was...
Source-derived case information.
- Citation
- [2017] KEHC 8661 (KLR)
- Parties
- Applicant: Waweru Daniel Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 43 of 2017
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence set aside; applicant released
- Legal Topics
- Traffic Offences, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Waweru Daniel Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for minor traffic offences was excessive.
- 2 Whether the period already served by the applicant was sufficient punishment.
Ratio Decidendi
The court found that the offences committed by the applicant were minor traffic offences and that the fines imposed were exorbitant in the circumstances. Considering that the applicant had already served 12 days in jail, the court held that this period constituted sufficient punishment. The sentence of a fine was therefore set aside and substituted with an order that the applicant had served sufficient sentence, warranting his immediate release.
Court Disposition
sentence set aside; applicant released
Orders
- The sentence of a fine of Kshs. 12,000 is set aside.
- The applicant is deemed to have served sufficient sentence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 43 OF 2017
WAWERU DANIEL MWANGI……………..………………………APPLICANT
VERSUS
REPUBLIC…………………………………………………… RESPONDENT
RULING
I have considered the application. The applicant was charged with failing to wear public service vehicle uniform and badge. He was sentenced to pay a fine of Kshs. 12,000/= respectively. The offences are minor traffic offences but the fines imposed are exorbitant. The applicant has been in jail for 12 days which I think are sufficient punishment.
Accordingly, I set aside the sentence and substitute it with an order that the Applicant has served sufficient sentence. I order that he be and is hereby forthwith set free.
Dated and Delivered at Nairobi this 20th day of March, 2017.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Mr. Onungo for the Applicant
2. M/s Nyauncho for the Respondent.