Omwenga v Republic [2023] KEHC 19588 (KLR)

Omwenga v Republic (Criminal Revision E047 of 2023) [2023] KEHC 19588 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19588 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E047 of 2023

WA Okwany, J

June 29, 2023

Between

Dancan Omwenga

Applicant

and

Republic

Respondent

(From the original Conviction and Sentence in the Magistrates’ Court at Keroka, Criminal Case No. MCTR E194 of 2023 by Hon. B.M. Kimtai, Senior Principal Magistrate on 20th April 2023)

Ruling

1. The Applicant was convicted on his own plea of guilty of 3 counts under the Traffic Act including riding a motorcycle on a public road without a riding license contrary to section 103B (5) as read with section 103B (7) of the Traffic Act, riding a motorcycle on a public road without a valid insurance cover contrary to section 103B (3) as read with section 103B (7) of the Traffic Act and riding a motorcycle on a public road without a head helmet contrary to section 103B (1) as read with section 103B (7) of the Traffic Act.

2. The trial court sentenced him to pay a fine of Kshs 5,000/= each for counts 1 and 2 or in default, to serve 2 months imprisonment and Kshs 2500/- count 3 or in default to serve 1 months imprisonment. The Applicant has since served 2 months in custody. The Report by Peter Mogusu Ayienda the Probation Officer filed on June 14, 2023 recommends a non-custodial sentence. I hereby direct that the Applicant serves a Community Service Order at Sotik Police Station under the supervision of the OCS for the remaining part of his sentence.Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE