Case Metadata |
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| Case Number: | Misc Crim Appli 111 of 2008 |
|---|---|
| Parties: | PATRICK MWANDIKWA v REPUBLIC |
| Date Delivered: | 18 Dec 2008 |
| Case Class: | Criminal |
| Court: | High Court at Nakuru |
| Case Action: | Ruling |
| Judge(s): | David Kenani Maraga |
| Citation: | PATRICK MWANDIKWA v REPUBLIC [2008] eKLR |
| Advocates: | Mr. Njuguna for the applicant:Mr. Mugambi for the state/respondent |
| Advocates: | Mr. Njuguna for the applicant:Mr. Mugambi for the state/respondent |
| Case Summary: | [RULING]Criminal Practice and Procedure – appeal – applicant charged with driving unroadworthy vehicle on a public road – appeal against conviction and sentence – applicant urging court to review the sentence and set it aside on the ground that the sentence meted to the applicant was illegal – section under which the applicant was charged providing for a maximum sentence of Kshs.20,000 – Criminal Procedure Code Sections 365, 357: Traffic Act Sections 55(1), 58(1) Criminal Practice and Procedure – plea – manner of taking plea – where plea of guilty was not unequivocal – whether conviction was proper – Criminal Procedure Code sec 362 |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA\
IN THE HIGH COURT OF KENYA
AT NAKURU
Misc Crim Appli 111 of 2008
PATRICK MWANDIKWA……………………..APPLICANT
VERSUS
REPUBLIC……………………….…………RESPONDENT
RULING
PATRICK MWANDIKWA, the applicant was, upon his own plea of guilty to charge of driving unroadworthy motor vehicle on a public road contrary to Section 55(1) as read with Section 58(1) of the Traffic Act, convicted and sentenced to fine of Kshs.150,000/-. He has appealed against both that conviction and sentence. Before the appeal can be heard he has applied under Sections 365 and 357 of the Criminal Procedure Code to be granted bail pending appeal.
When the matter came before me this morning, Mr. Njuguna for the applicant, instead of arguing the application urged me to review the sentence and set it aside on the ground that the sentence of Kshs.150,000/- meted to the applicant is illegal. He said that Section 58(1) of the Traffic Act under which the applicant was charged provides for a maximum sentence of Kshs.20,000/-. Mr. Mugambi for the state concurred with that view.
I have perused the provisions of Section 58(1) of the Traffic Act and noted that both counsel were labouring under the old provisions of that Section which provided for a maximum sentence of Kshs.20,000/-. The new provisions of that section provide for a sentence of upto Kshs.400,000/-. So I cannot review the sentence as submitted by counsel.
However, upon perusal of the proceedings I have noted that the applicant’s plea was not properly taken. When the facts were read out to him he was not asked to admit or deny them. His purported plea of guilty cannot therefore be said to have been unequivocal. As this clear on the court record which is before me there is no point of allowing the applicant to take us through the rigmarole of an appeal. It will be at the end of the day be allowed on that ground. In the circumstances and pursuant to the revisionary powers conferred upon me by Section 362 of the Criminal Procedure Code I hereby quash the conviction and set aside the sentence. If the applicant has paid the fine the same should be refunded to him forthwith. If however, he is in prison he shall be set free forthwith unless otherwise lawfully held.
DATED and delivered at Nakuru this 18th day of December, 2008.
D. K. MARAGA
JUDGE
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