Bernard Tanui v Republic [2013] KEHC 1375 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

REVISION NO. 279 OF 2013

(Being A Revision in the Conviction and Sentence on 22. 07. 2013 by the Honourable  Senior Resident Magistrate, J.Kasam  at Sotik in Traffic .Case No.329 of 2013)

BERNARD TANUI.................................................APPLICANT

-VERSUS-

REPUBLIC........................................................RESPONDENT

(Before Hon. Justice Byram Ongaya on Friday 18th October, 2013)

RULING ON REVISION

The applicant Benard Tanui was convicted and sentenced to a fine of Kshs. 10,000 in default 5 months imprisonment for the 3 counts of offences committed contrary to Section 103 (B) of the Traffic Act, Chapter 405, Laws of Kenya.  He was imprisoned effective 22/07/2013.

The report by the probation officer shows that the applicant is suitable for community service order.

In the circumstances the sentence by the trial court is varied and the applicant shall serve the community at Kimolwet Location Chief's office for 60 days under the Chief's supervision.

Signed, dated and delivered in court at Kericho this Friday, 18th October, 2013.

BYRAM ONGAYA

JUDGE