Kedi v Republic [2024] KEHC 15360 (KLR)

Kedi v Republic (Criminal Revision 297 of 2024) [2024] KEHC 15360 (KLR) (4 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15360 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 297 of 2024

DR Kavedza, J

December 4, 2024

Between

Bandiruka Kedi

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Bandiruka Kedi 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 two counts of offences. Count I was riding a motorcycle without a valid driving license contrary to section 103B(5) as read with section 103B(7) of the Traffic Act Cap 403 Laws of Kenya, and count II was failing to wear a helmet contrary to section 103B(7) of the Traffic Act Cap 403 Laws of Kenya.

3. He was sentenced to pay a fine of sum Kshs. 7,000 for and in default to serve six (6) months imprisonment for count I, while for count II he was sentenced to pay a fine of sum Kshs. 2,500 and in default to serve one (1) month imprisonment. From the record, the applicant pleaded guilty and saved the court’s time. 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 4TH DAY OF DECEMBER 2024________________D. KAVEDZAJUDGE