Case ID:201719

Dindi v Republic (Criminal Revision E050 of 2022) [2022] KEHC 12572 (KLR) (1 August 2022) (Ruling)

Case Metadata

Case Number:

Criminal Revision E050 of 2022

Parties:

Dindi v Republic

Date Delivered:

01 Aug 2022

Case Class:

Court:

High Court at Busia

Case Action:

Ruling

Judge(s):

Jacqueline Nancy Kamau

Citation:

Dindi v Republic (Criminal Revision E050 of 2022) [2022] KEHC 12572 (KLR) (1 August 2022) (Ruling)

Court Division:

Criminal

County:

Busia

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Dindi v Republic (Criminal Revision E050 of 2022) [2022] KEHC 12572 (KLR) (1 August 2022) (Ruling)

Neutral citation:

[2022] KEHC 12572 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Revision E050 of 2022

JN Kamau, J

August 1, 2022

Between

Daniel Dindi

Applicant

and

Republic

Respondent

Ruling

1.

The applicant was charged with the offence of causing death by dangerous driving contrary to section 49 of the

Traffic Act

cap

403 (laws of Kenya). Failing to report an accident contrary to section 73 (3) as read with section 75 of the

Traffic Act

, Riding a motor cycle without insurance contrary to section 103 (3) as read with section 103A (F) of the

Traffic Act

and riding a motor cycle on a public road without a driving licence contrary to section 103 B (5) as read with section 103 B (F) of the Traffic Amendment Act. He pleaded guilty to all charges on June 3, 2021.

2.

The report by Bernard O Musitia, the probation/community service officer dated July 25, 2022 has recommended that the applicant serves the remainder of his sentence at Madende Dispensary. This court notes that the applicant has already completed his sentence.

3.

According to section 28 (2) of the

Penal Code

cap 63 (laws of Kenya) provides that where the fine exceeds

Kshs

75,000/= but does not exceed Kshs 50,000/=, the default sentence is six (6) months imprisonment. As the applicant was discharged on counts (2), (3) and (4) and fined Kshs 50,000/= in default two (2) years imprisonment on count I, the default sentence in prison was six (6) months. Having been sentenced on August 3, 2021, he has already completed his sentence, the sentence of two (2) years having been unlawful, illegal and lacking in any legal basis.

4.

It is hereby directed that the applicant be and is hereby released from custody forthwith unless he be held for any other lawful cause.

Orders accordingly.

DATED AND DELIVERED AT BUSIA ON THIS 1

ST

DAY OF AUGUST 2022.

J KAMAU

JUDGE