Paul Mwiti v Republic [2015] KEHC 2375 (KLR)

REPUBLIC OF KENYA

IN HIGH COURT OF KENYA AT MERU

CRIMINAL REVISION NO. 244 OF 2015

PAUL MWITI ………………………………….……….. APPLICANT

VRS

REPUBLIC..………………………………………...... RESPONDENT

REVISION

PAUL MWITI JAMES appeared before the RM’s Court on 30/3/2015 where he faced offences under the Traffic Act i.e. 6 counts.  He denied the first charge but pleaded guilty to the rest.  However, when it came to the sentence, he was sentenced to a fine of KShs.30, 000/= on Count 1 in default 6 months imprisonment yet he had not pleaded guilty to that particular charge.  He is also serving sentence on the 5 other counts on which he pleaded guilty.  It seems to have been an oversight on the part of the trial magistrate.  Because of the error made by the trial court, I hereby quash the conviction on Count 1 and set aside the sentence.  For purposes of clarification, the accused should only serve sentence on Counts 2 and 6.

It is so ordered.

DATED, SIGNED AND DELIVERED THIS 6TH DAY OF OCTOBER, 2015.

R.P.V. WENDOH

JUDGE

6/10/2015