Richard Mutunga Mutuku v Republic [2020] KEHC 1383 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL MISC. APPLICATION CASE NO.308 OF 2019

RICHARD MUTUNGA MUTUKU......................................................APPLICANT

VERSUS

DIRECTOR OF PUBLIC PROSECUTIONS..................................RESPONDENT

RULING

The applicant RICHARD MUTUNGA MUTUKU filed this application dated 20. 11. 2019 on 21. 11. 2019. The same, brought under section 362 and 364 of the Criminal seeks revision of sentence meted out to the applicant. Facing a charge of using a motor vehicle on road with a load greater that a load specified, he was sentenced to a fine of Ksh.200,000/= or in default to serve 2 years imprisonment. This was on 25. 9.2019. The application asks the court grant the applicant an alternative sentence, preferably a non-custodial sentence.

In his submissions in court, the applicant pleads that he has served for 1 year and 3 months. The learned counsel for the prosecution did not oppose this application.

I have considered the submissions of both sides herein. I have also considered the nature of the offence the applicant was convicted of and the fact that he has served all but 4 months of the sentence of 2 years. I am convinced that this is a proper case for revision. I accordingly allow this application and alter the sentence herein. The applicant is discharged for the remaining part of the sentence (approximately 4 months). He is hereby ordered to be released forthwith unless lawfully held.

HON. JUSTICE D. OGEMBO OGOLA

16TH OCTOBER 2020

Court:

Ruling read out online in the presence of the applicant and Ms. Chege for the state.

HON. JUSTICE D. OGEMBO OGOLA

16TH OCTOBER 2020