Maturi v Republic [2025] KEHC 8663 (KLR)

Maturi v Republic (Revision Case E048 of 2025) [2025] KEHC 8663 (KLR) (17 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8663 (KLR)

Republic of Kenya

In the High Court at Nyamira

Revision Case E048 of 2025

WA Okwany, J

June 17, 2025

Between

Stanway Maturi

Applicant

and

The Republic

Respondent

Ruling

1. I have carefully considered the Application dated 28th May 2025 together with the Supporting Affidavit. I note that the said Application is not opposed.

2. A perusal of the Lower Court record reveals that the Applicant pleaded guilty to the offence of driving a motor vehicle on a public road while under the influence of alcohol contrary to Section 44 (1) of the Traffic Act. He was consequently convicted and sentenced to pay a fine of Kshs. 80,000/= in default to serve twelve (12) months imprisonment.

3. The Applicant was further disqualified from holding or obtaining a driving licence for a period of 12 months from the date of the judgment being 21st May 2025.

4. He has now applied for a revision of the sentence downwards.

5. The record reveals that the Applicant was a first offender and is remorseful for his offence. I am of the view that the Applicant deserves leniency since he admitted his wrong-doing thereby saving the court’s precious judicial time, that could have been spent in a full trial.

6. I find that the Application dated 28th May 2025 is merited and therefore allow it in the following terms: -a.The sentence passed by the trial court is hereby set aside and in its place, substituted by a sentence to a fine of Kshs. 15,000/=, in default twelve (12) months’ imprisonment.b.The Applicant is further disqualified from holding or obtaining a driving licence for a period of 12 months from 21st May 2025. File marked as closed.

7. It is so ordered.

RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIRTUALLY VIA MICROSOFT TEAMS THIS 17THDAY OF JUNE 2025. W. A. OKWANYJUDGE