Kamande v Republic (Criminal Appeal E042 of 2021) [2022] KEHC 12947 (KLR) (21 September 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 12947
- Citation
- [2022] KEHC 12947 (KLR)
- Decided
- 21 September 2022
The court finds no reason to interfere with the conviction and sentence and dismisses the appeal.
Facts
The appellant was charged with careless driving and causing death by dangerous driving. The prosecution alleged that the appellant was driving his vehicle (registration number KBT 880 E) recklessly, causing a collision with another vehicle (registration number KBW 247 U) that was traveling in the opposite direction. The collision resulted in injuries to the appellant and the deaths of two minors.
Issues
- Whether the evidence adduced in the lower court was sufficient to support the appellant's conviction and sentence.
- Whether the trial court erred in imposing separate sentences for each count of causing death by dangerous driving.
Reasoning
The court re-analyzed the evidence and found no reasonable doubt about the appellant's guilt. The court also held that the trial court erred in imposing separate sentences for each count of causing death by dangerous driving.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Traffic Act
- Criminal Procedure Code
Cases cited (5)
- Okeno v Republic
- Pandya vs Republic
- Shantilal M. Ruwala v Republic
- Peter vs Sunday Post
- Genesio Kariithi Wambu v Republic
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