WILLIAM KIBICHO GATHUNGU v REPUBLIC [2010] KEHC 583 (KLR)

REPUBLICOFKENYA

IN THE HIGH COURT OFKENYA

ATMOMBASA

CRIMINAL REVISION NO. 117 OF 2010

[Arising from Traffic Case No. 11,748 of 2010 & 9995 of 2010 of the Chief Magistrate’s Court atMombasa)

WILLIAM KIBICHO GATHUNGU …………… APPLICANT

VERSUS

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

RULING

The Applicant herein WILLIAM KIBICHO GATHUNGU, wrote to the Deputy Registrar of the High Court vide letter dated 27th October 2010 seeking a review of his sentence for a charge of FAILING TO ATTEND COURT CONTRARY TO SECTION 117(8) AS READ WITH SECTION 118(2)(a) OF THE TRAFFIC ACT in Traffic Case No. 11748 of 2010. The Applicant claims that he was charged and sentenced for the very same offence on 21st September 2010 in Traffic Case No. 9995 of 2010. I have obtained and perused the original of both the lower court files. In the earlier case TR. No. 9995/10 the Applicant was charged and pleaded to only one offence which was CARELESS DRIVING CONTRARY TO SECTION 49(1) OF THE TRAFFIC ACT. The matter is scheduled for hearing before the subordinate court on 3rd December 2010. Contrary to what the Applicant has stated in his letter he was not charged with Failing to Attend Court. In this the Applicant is clearly mistaken. In the later file TR. No. 11748/2010, the Applicant faced two charges. Count No. 1 was that of Failing to Attend Court, and Count No. 2 was Driving without a valid Driving Licence contrary to Section 30(1) of the Traffic Act. Thus there has been no duplication of charges as alleged by the Applicant. All 3 counts referred to totally separate and distinct offences. I find nothing improper in the charges brought against the Applicant or the sentences imposed by the lower court. I therefore decline to review the same as no need exists to do so.

Dated and Delivered inMombasathis 29th day of October 2010.

M. ODERO

JUDGE