Stephen Antony Obare v Republic [2020] KEHC 7140 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. 19 OF 2020

(CORAM: R. E. ABURILI - J.)

STEPHEN ANTONY OBARE.................APPLICANT

VERSUS

REPUBLIC.............................................RESPONDENT

(Being an Application for revision of sentence vide Principal Magistrate’s Court, Siaya Criminal Case No. 222 of 2019 dated 28. 8.2019 before Hon. M. MWANGI, Resident Magistrate)

RULING

1. The convict Stephen Anthony Obare was convicted and sentenced to pay various fines on 4 counts in traffic offences. In default he is to serve prison terms ranging between 2 and 3 months. He pleaded guilty to the charges. He is a first offender and has not appealed.

2. The fines range from Kshs 5,000/= and Kshs 10,000/=. The convict is unable to raise the fines and there is no indication from the trial court record whether the sentences are to run concurrently or consecutively.

3. The convict has been in prison from 22/8/2019. He has already served about 7 months imprisonment.

4. I order that the convict’s sentences be revised to the period already served in prison.

5. Orders accordingly

Dated, signed and delivered at Siaya, this 20th Day of March 2020.

R.E. ABURILI

JUDGE