Julius Omonya Kawesa v Republic [2021] KEHC 6395 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

REVISION NO. 62 OF 2021

JULIUS OMONYA KAWESA................................APPLICANT

VERSUS

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

RULING

The Applicant, Julius Omanya Kawesa, was charged with three (3) counts under the Traffic Act.  He was charged with driving a Motor Vehicle on a Public road under the influence of alcohol contrary  to Section 44(1).  He was also charged with driving Motor Vehicle on Public road without   a driving licence contrary to Section 30(1) (7).  He was finally charged with the offence of unauthorized driving contrary to Section 103 C (1) (3).   The particulars of the offence related to the Applicant’s arrest on 13th February 2021 along Kitale- Endebess road while driving a public service vehicle.  Upon being presented to court, he pleaded guilty to all the charges. He was sentence to pay a total fine of Kshs  40,000/= or in default serve  Seven (7) months imprisonment.

The Applicant did not pay the fine.  He is serving the default custodial sentence.  He has applied to have the default custodial sentence revised so that he can be released from prison taking into account the period he has been in lawful custody.  This court ordered for a probation report to be prepared. The same was prepared and filed in court.  It is favourable. Taking into account the period that the Applicant has been in prison, this court   formed the view that the Applicant has been sufficiently punished. He has paid his just debts to the society.

In the premises therefore, the default custodial sentence imposed upon him is commuted to the period served.  He is ordered set at liberty and released from Prison forthwith unless otherwise lawfully held. It is so ordered.

DATED at KITALE this 9th day of June 2021.

L. KIMARU

JUDGE