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JudgmentFESTUS MUTUKU VS The Republic2 min read

FESTUS MUTUKU VS The Republic

High Court at Mombasa High Court · · Wendy Micheni


(Originating FROM  MOMBASA CM’S T  R. Case No. 274 of 2025  (HON. GREEN ODERA SRM)


FESTUS MUTUKU, the Applicant , moved      the  Court for the following Orders.

THAT The Court certifies  this application extremely urgent following reasons:

1. THAT the Applicant was charged with two traffic offences and fined a total of Kshs 11O,OO0/= or in default to serve  7 months imprisonment.

2. THAT the Applicant finds the sentence to be very harsh and excessive considering the current economic dynamics experienced and that the applicant will suffer irreparable loss if this application is not heard as a matter of urgency.

He added he was  charged with two Traffic offences as hereunder:

  Driving a motor vehicle on a public road without inspection sticker contrary to section 17(A)(3)(a) as read with section 29 of the traffic Act Cap 403 Laws of Kenya.

2. Failing to maintain all motor vehicle parts and equipment contrary to section 55(1) as read with section 58(1) of the traffic Act Cap 403 Laws of Kenya.

He based his application on the following grounds;

That the Applicant pleaded guilty for both counts and after mitigation the Honourable court sentenced him to a fine of ksh10,000/= in default one month imprisonment in count 1 and a fine of Khs.100,OOO  in default serve six (6) months imprisonment in count 2 . Sentences to run concurrently.

That the fines imposed are very high and excessive and the applicant is requesting  for the High Court to intervene and review the same.

He was unable to pay the fines and has been in custody.

The respondent, through Mr Ngiri, did not oppose the Application.

The court finds that the Applicant was a first offender and he pleaded guilty.  The  nature of the offence is also taken into account and it attracts a fine as one of rhe sentences.

The trial  court has discretion on sentencing  but since the Applicant was a first offender, who pleaded guilty and saved the precious judicial,   the court ought to have treated him with leniency  in  line with our Sentencing Guidelies Policy.

Accordingly

  1. The application is allowed  and The  sentence is REVIEWED   to the time already served in the two counts.
  2. He is set at liberty.
  3. He is however to ensure that the motor vehicle is inspected before it is returned back on the  road.

IT IS SO ORDERED ACORDINGLY.

RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …….…13th ………DAY OF ……February…………………..…….., 2025

……………………………………………………..

HON. LADY JUSTICE W. M. KAGENDO

(JUDGE)

HIGH COURT OF KENYA AT MOMBASA

(CRIMINAL DIVISION)

In the presence of:

M/s. Maureen Court Assistant;

MR NGIRI……………State Counsel;

………………………………………….…Applicant.

    FESTUS MUTUKU VS The Republic FESTUS MUTUKU VS The Republic