Okoth v Republic (Criminal Revision E093 of 2022) [2022] KEHC 16857 (KLR) (20 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16857 (KLR)
Republic of Kenya
Criminal Revision E093 of 2022
RE Aburili, J
December 20, 2022
Between
Elvis Ouma Okoth
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM Traffice Case No. E064 of 2022 delivered by Hon L. Sarapai PM on 21/10/2022)
Ruling
1.On 21/10/2022 the convict herein Elvis Ouma Okoth was sentenced to a fine of Kshs 3,000 in default to serve 3 months imprisonment and a fine of Kshs 2,000 in default to serve 1-month imprisonment for the offences of riding a motor cycle without a driving license and riding an uninsured motorcycle No. BFOJA3098HS239852 make Honda. He pleaded guilty to the charges.
2.There is no indication whether the sentences were to run concurrently or consecutively.
3.The convict is said to have been previously convicted and fined over the same offences.
4.In the premises, I hereby revise his sentences and order that they shall run concurrently. However, as the sentences are short, I hereby direct that the convict shall be released from prison to serve suspended remainder of the sentence for the next six months not to reoffend save that the traffic police shall not release to him the aforetasted motor cycle until he produces a valid driving licence and procures an insurance cover for the said motor cycle as he is a danger to the public.
5.File closed.
6.I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE