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MagistrateOtherTraffic Case E216 of 2025· [2025] KEMC 8 (KLR)
Republic v Kiiru (Traffic Case E216 of 2025) [2025] KEMC 8 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Nakuru court fined a matatu driver Kshs 30,000 and barred him from driving for 12 months after he was caught drunk behind the wheel.
What this practically means
#Executive summary
#This is a sentencing decision of the Nakuru Law Courts (Traffic Case E216 of 2025) delivered by Senior Principal Magistrate Aloyce Peter Ndege on 6 February 2025. The accused, Stephen Maina Kiiru, had been convicted upon his own plea of guilty of driving a motor vehicle on a public road under the influence of alcohol contrary to section 44(1) of the Traffic Act, Cap 403, Laws of Kenya. The facts admitted were that on 4 February 2025 at about 6.21 pm along Mburu Gichua Road in Nakuru County, he drove motor vehicle registration number KAS 066G, a Toyota Matatu, while under the influence of alcohol recorded at 2.80 mg/l against a prescribed limit of 0.01 mg/l for public service vehicles, exceeding the limit by 2.79 mg/l to the extent of being incapable of proper control of the vehicle. The court noted he was a first-time offender with no previous records furnished by the prosecution and that he pleaded for forgiveness. Nonetheless, emphasising that he was driving a matatu while inebriated and the dangers and risks posed to himself, his passengers and other members of the public, the court sentenced him to a fine of Kshs. 30,000/= with 8 months imprisonment in default. Pursuant to section 44(2) of the Traffic Act, he was further disqualified from holding or obtaining a licence for 12 months from the date of the order. A 14-day right of appeal was explained.
Key legal issues
#01
Sentencing for driving a public service vehicle under the influence of alcohol exceeding the prescribed limit
Holding
A fine of Kshs. 30,000/= with 8 months imprisonment in default, plus 12 months disqualification from holding or obtaining a licence
Reasoning
The accused was a first-time offender with no previous records furnished by the prosecution and pleaded for forgiveness. However, he was driving a public service vehicle while inebriated, and the court took into account the dangers and risks he posed to himself, his passengers and other members of the public in fixing the fine and disqualification period.
p. 1
Legal principles established
#- Conviction under section 44(1) of the Traffic Act for driving a PSV while under the influence of alcohol attracts a fine and, under section 44(2), mandatory disqualification from holding or obtaining a licence
Court orders
#- 1.Sentence of a fine of Kshs. 30,000/=, in default 8 months imprisonment
- 2.Disqualification from holding or obtaining a driving licence for 12 months pursuant to section 44(2) of the Traffic Act
- 3.14 days Right of Appeal explained
- Jurisdiction invoked
- Traffic Act, Cap 403, Section 44(1) and 44(2)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Kiiru (Traffic Case E216 of 2025) [2025] KEMC 8 (KLR)", Case Analysis (2025). Traffic Case E216 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/8/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.