Republic v Kinyanjui (Traffic Case E260 of 2024) [2025] KEMC 99 (KLR)

Nakuru Law Courts (Magistrates' Court)

7 March 2025

ANAloyce Peter Ndege

339 words in judgment

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The bottom line

A Nakuru court fined a matatu driver Kshs 5,000 for driving uninsured, without an inspection sticker, and without an NTSA licence, but warned default means jail.

What this practically means

Executive summary

This is a first-instance sentencing decision of a senior principal magistrate at the Nakuru Law Courts. Martin Kinyanjui was convicted upon his own plea of guilty to three traffic offences: driving an un-insured motor vehicle on a public road contrary to section 4(1) as read with subsection (2) of the Insurance (Motor Vehicles Third Party Risks) Act, Cap. 405; driving a PSV on a public road without an inspection sticker contrary to section 17A as read with section 29 of the Traffic Act, Cap 403; and operating a motor vehicle on a public road for hire or reward without the requisite licence from the Authority, contrary to section 26(1) as read with subsection 7 of the National Transport and Safety Authority Act No. 33 of 2012. The offences were committed on 5 March 2024 at about 6.30 am along Mburu Gichua road in Nakuru County, when the accused drove motor vehicle KAZ 353 K, a Toyota Matatu, without valid insurance cover, an inspection sticker or an NTSA licence. In mitigation, the court noted that he was a first-time offender as no previous records were furnished by the prosecution, and that he had pleaded for forgiveness. The court fined him Kshs. 1,500 on Count 1 (default 4 months imprisonment), Kshs. 1,500 on Count 2 (default 1 month) and Kshs. 2,000 on Count 3 (default 1 month), with the sentences to run consecutively, and explained a 14-day right of appeal. Note: the delivery clause is dated March 2024 while the judgment header indicates March 2025, and the bench listing names AA Ogonda, SPM, while the judgment is signed by Aloyce Peter Ndege, Senior Principal Magistrate.

Key legal issues

Sentencing for offences of driving an uninsured motor vehicle, driving a PSV without an inspection sticker, and operating a motor vehicle for hire or reward without the requisite licence

Holding

The court fined the accused Kshs. 1,500/= on Count 1, Kshs. 1,500/= on Count 2 and Kshs. 2,000/= on Count 3, with default imprisonment terms, the sentences to run consecutively

Reasoning

The accused was convicted upon his own plea of guilty to the three counts. The court noted he was a first-time offender as no previous records were furnished by the prosecution, and that he had pleaded for forgiveness. Taking the relevant statutory provisions into account, the court exercised its sentencing discretion in favour of fines with default terms of imprisonment rather than immediate custody, and directed that the sentences run consecutively.

p. 1

Legal principles established

Where the accused is a first-time offender with no previous records furnished by the prosecution and who pleads for forgiveness, the court may impose fines in default of imprisonment on each count

Court orders

1.Count 1: Fine of Kshs. 1,500/= in default to serve 4 months imprisonment
2.Count 2: Fine of Kshs. 1,500/= in default to serve 1 month imprisonment
3.Count 3: Fine of Kshs. 2,000/= in default to serve 1 month imprisonment
4.Sentences to run consecutively
5.Right of appeal 14 days explained

Authorities

Legislation

Insurance (Motor Vehicles Third Party Risks) Act, Cap. 405, Laws of Kenyasection 4(1) as read with subsection (2)
Traffic Act, Cap 403, Laws of Kenyasection 17A as read with section 29
National Transport and Safety Authority Act No. 33 of 2012section 26(1) as read with sub-section 7

Jurisdiction invoked: Criminal jurisdiction over traffic offences under the Traffic Act (Cap. 403), Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405) and the National Transport and Safety Authority Act (No. 33 of 2012), upon conviction on own plea of guilty

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Republic v Kinyanjui (Traffic Case E260 of 2024) [2025] KEMC 99 (KLR)", Case Analysis (2025). Traffic Case E260 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/99/eng@2025-03-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.