Chandi v Republic [2024] KEHC 15523 (KLR)

Chandi v Republic (Criminal Revision 293 of 2024) [2024] KEHC 15523 (KLR) (4 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15523 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 293 of 2024

DR Kavedza, J

December 4, 2024

Between

Walter Chandi

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Walter Chandi is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.

2. The applicant was convicted on four counts of offences. Count I was driving a public service vehicle under the influence of alcohol contrary to section 45(1) of the Traffic Act Cap 403 Laws of Kenya, count II was acting as a driver in a public service vehicle without prescribed uniform contrary to section 103A(1) as read with section 103A(7) of the Traffic Act, count III was acting as a driver in a public service vehicle without a PSV badge contrary to section 103A(1) as read with section 103A(7) of the Traffic Act, and count IV was driving a motor vehicle on a public road without a driving license contrary to section 30(1) as read with section 30(7) of the Traffic Act.

3. He was sentenced to pay a fine of sum Kshs. 10,000 for count I, count III and count IV, and in default to serve three (3) months imprisonment for each count, and for count II he was sentenced to pay a fine of sum Kshs. 2,500 and in default to serve one (1) month imprisonment. The sentence was set to run consecutively.

4. In my view, the sentence served in sufficient. The applicant is to be released forthwith unless otherwise lawfully held.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 4THDAY OF DECEMBER 2024________________D. KAVEDZAJUDGE