Calvin Omondi v Republic [2019] KEHC 21 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL REVISION NO. 116 OF 2019

CALVIN OMONDI..........................................................................................APPLICANT

VERSUS

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

(Being an Application for Revision of sentence in Traffic Case No. 227 of 2019

at Ukwala SRM’s Court, delivered on 17. 12. 2019)

RULING

1. The applicant CALVIN OMONDI was convicted on his own plea of guilty and sentenced to serve 6 months imprisonment from 17/12/2019 for the offence of riding a Motorcycle without a Certificate of Insurance in Count 1, in Count 2, driving without a Driving licence and in Count 3, driving without a helmet, all contrary to provisions of the Traffic Act. The plea was unequivocal.

2. The offence is serious as it endangers not only the convict but pillion passengers and other road users.

3. The sentence in default of a fine was lawful and lenient.  Let the applicant apply for sentence revision after staying in prison for at least  one month.

4. This request is declined and dismissed.

5. File closed.

6. Orders accordingly.

Dated, signed and Delivered at Siaya this 20th Day of December 2019

R.E. ABURILI

JUDGE