(ORIGINATING FROM CRIMINAL CASE NUMBER E731 OF 2024 IN THE
CHIEF MAGISTRATE’S COURT AT SHANZU
- The Applicant was charged and convicted on his plea of guilty for the offence of driving a PSV motor vehicle on a public road while under influence of alcohol contrary to Section 45(1) of the Traffic Act and driving a motor vehicle on a public road without inspection contrary to Section 17(a) and driving a public service motor vehicle without prescribed uniform contrary to Rule 103A of the Traffic Act and being a driver of a Public Service Vehicle without PSV badge contrary to Rule 69 of the Traffic Act and was sentenced to six months imprisonment for the 1st count, two months imprisonment for the 2nd count and two months for the rest of the counts.
- A Sentence Review Report dated 9th October, 2024 by Rosemary Nyong’a indicated that the Applicant has completed his sentence and was released from prison. The earliest expected day of release was 15th September, 2024.
- I have considered the Sentence Review Report and I find that since the Applicant has already served his sentence, the Application is dismissed.
IT IS SO ORDERED ACORDINGLY.
RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL,
SIGNED AND DATED AT MOMBASA THIS …….13th…………DAY OF
…………December……………..…….., 2024
……………………………………………………..
HON. LADY JUSTICE W. M. KAGENDO
(JUDGE)
HIGH COURT OF KENYA AT MOMBASA
(CRIMINAL DIVISION)
In the presence of:
M/s. Bebora, Court Assistant;
……………Ms. Maina……………State Counsel;
………………no………………………….…Applicant