Khaminwa v Republic [2024] KEHC 15444 (KLR)

Khaminwa v Republic (Criminal Revision 296 of 2024) [2024] KEHC 15444 (KLR) (4 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15444 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 296 of 2024

DR Kavedza, J

December 4, 2024

Between

Paul Khaminwa

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Paul Khaminwa 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 for the offence of driving an un-insured motor cycle contrary to section 103B (3) as read with 103B (7) of the Traffic Act and riding a motor cycle without a valid licence contrary to 103B (5) as read with 103B (7) of the Traffic Act. He was sentenced to pay fine of ksh.5,000/- for both counts; in default to serve 2 months in prison for each count.

3. From the record, I note that the applicant was convicted and sentenced on his own plea of guilty. He therefore saved the court’s time. In the premises, it is my finding that the sentenced served is sufficient.

4. The applicant is released forthwith unless otherwise lawfully held.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 4TH DAY OF DECEMBER 2024. D. KAVEDZAJUDGE