[2017] KEHC 8740 (KLR)
The court found that the applicant was convicted on his own plea of guilty for minor traffic offences and had already served one and a half months in jail. Considering the minor nature of the offences, the applicant's remorse, and the time served, the court held that the sentence imposed was excessive. The court...
Source-derived case information.
- Citation
- [2017] KEHC 8740 (KLR)
- Parties
- Applicant: Zablon Kanyi Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 19 of 2017
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence revised in favour of applicant; applicant released
- Legal Topics
- Traffic Offences, Sentencing Revision, Minor Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zablon Kanyi Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed for minor traffic offences was excessive and warranted revision.
- 2 Whether the applicant should be released after serving part of the custodial sentence.
Ratio Decidendi
The court found that the applicant was convicted on his own plea of guilty for minor traffic offences and had already served one and a half months in jail. Considering the minor nature of the offences, the applicant's remorse, and the time served, the court held that the sentence imposed was excessive. The court exercised its revisionary jurisdiction to set aside the fines and substitute them with an order that the applicant had served a sufficient sentence, thereby ordering his immediate release.
Court Disposition
sentence revised in favour of applicant; applicant released
Orders
- The fines imposed are set aside.
- The applicant is deemed to have served a 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 19 OF 2017
ZABLON KANYI MAINA……………………..………………APPLICANT
VERSUS
REPUBLIC…………….……….………………………… RESPONDENT
RULING
The lower court file in Tr. Case No. 1221 of 2017 was forwarded to this court pursuant to Section 364 of the Criminal Procedure Code so that the court can satisfy itself as to the correctness, legality or propriety of the sentence passed. In his application by Notice of Motion dated 9th February, 2017, the Applicant prays that the sentence passed in the Traffic case be revised. He pleads that the total fine of Kshs. 120,000/= was excessive given that the offences committed were minor. He was charged with ten counts under the Traffic Act, Cap 403 Laws of Kenya namely; driving a motor vehicle on a public road without some parts or equipment maintained in safe condition, operating a public service vehicle with a road service license, failing to carry a driving licence, failing to renew a driving licence, driving a motor vehicle without an inspection sticker, operating a motor vehicle on a road without a prescribed badge, failing to exhibit a recent photograph of the driver, acting as a driver in a public service vehicle without a PSV license, failing to wear a public service vehicle uniform and failing to boldly display at the front rear and sides the name of the Sacco or company under which the vehicle operates. He was convicted on his own plea of guilty on 30th January, 2017.
He has pleaded with the court to revise the sentence to a non-custodial one or all together set him free. I have accordingly considered the application. I note that the Applicant was generally charged with minor traffic offences and since his conviction, has served one and a half months in jail. In my view, he has learnt his lesson and in addition was remorseful. It is then only fair that the court revises the sentence in his favour. I set aside the fines imposed and substitute them with an order that the Applicant has served sufficient sentence. I order that he be and is hereby forthwith set free.
DATED AND DELIVERED THIS 15TH DAY OF MARCH, 2017
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant in person
2. Miss Nyauncho for the Respondent.