Daniel Wesonga v Republic [2020] KEHC 8996 (KLR)
- Court
- High Court of Kenya
- Case number
- 8996
- Citation
- [2020] KEHC 8996 (KLR)
- Decided
- 21 January 2020
The appeal on sentence is allowed. The sentences in counts one and two are set aside and substituted with a fine of Kshs. 3000/= on each count or serve three months imprisonment on each count. The sentence in count three remains as served.
Facts
The appellant, Daniel Wesonga, was convicted in three counts of riding a motor cycle on a public road without a driving license, insurance, and helmet. He pleaded guilty and was sentenced to six months' imprisonment on each count one and two, and 14 days' imprisonment on count three.
Issues
- Whether the appellant was given an option of a fine
- Whether the trial court erred in sentencing the appellant
Reasoning
The court found that the appellant was not given an option of a fine, and the trial court erred in sentencing him. The court also noted that the sentence was not excessive given the circumstances.
Outcome
The appeal is allowed.
Orders
- Sentences in counts one and two set aside and substituted with a fine of Kshs. 3000/= on each count or serve three months imprisonment on each count
- Sentence in count three remains as served
Remedies
- Fine of Kshs. 3000/= on each count or serve three months imprisonment on each count
Authorities cited
Legislation (2)
- Traffic Act
- Section 103B (7) of the Traffic Act
Cases cited (4)
- Okeno vs. Republic (1972) EA 32
- Ogalo Son of Owuora vs. Republic (1954) 21 EACA 270
- James vs Rex (1950) 18 EACA 147
- R vs. Shershewsity (1912) C.CA 28 T.LR 364
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