Omwanzu v Republic [2024] KEHC 14048 (KLR)

Omwanzu v Republic (Criminal Revision 183 of 2024) [2024] KEHC 14048 (KLR) (11 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14048 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 183 of 2024

DR Kavedza, J

November 11, 2024

Between

Duke Asango Omwanzu

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Duke Asango Omwanzu 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 an uninsured motor cycle contrary to section 103B (3) as read with section 103B (7) of the Traffic Act Cap 403 Laws of Kenya, count II was failing to display certificate of insurance contrary to section 9 (1) as read with section 17 of the Insurance Act Cap 405, and count III was failing to wear a reflective jacket contrary to section 103B (1) as read with section 103B (7) of the Traffic Act

3. He was fined a sum of Kshs. 15,000 for count I in default a three (3) months sentence, and for count II and count III he was fined a sum of Kshs. 5,000 and in default one (1) month in prison.

4. From the record, I note that the applicant was convicted and sentenced on 17th July 2024 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.

5. The applicant is released forthwith unless otherwise lawfully held.

RULING DATED AND DELIVERED VIRTUALLY THIS 11TH DAY OF NOVEMBER 2024. D. KAVEDZAJUDGE