Said Sudi Mwakwabwira v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPEAL NO. E150 OF 2021 SAID SUDI MWAKWABWIRA...................................................APPLICANT VERSUS REPUBLIC.................................................................................RESPONDENT (Being an appeal against the judgement and sentence passed by Hon. E. Nyaloti, CM on 11 th May 2021 in Mombasa Chief Magistrate’s Court Criminal Case No. E1146 of 2021) RULING 1. SAID SUDI MWAKWABWIRA pleaded guilty to the charge of smoking on a lavatory in an aircraft contrary to section 59(1) (a) of the civil Aviation Security Regulations of 2015 Legal Notice No. 190. 2. He was fined Kshs. 300,000/= in default to serve 2 years imprisonment. 3. The appellant seeks that this court considered he is a 1 st offender and consider his mitigation and revise the sentence pursuant to Section 362 to 364 of the Criminal Procedure Code. 4. I have looked at the Section under which appellant was charged and confirmed that it provides for a penalty of fine not exceeding Kshs. 500,000/= or imprisonment not exceeding 6 months or both. 5. The trial magistrate was therefore in error to impose 2 years imprisonment in default of payment of the fine of Kshs. 300,000/=. 6. In consideration of the applicant’s mitigation, this court revises the sentence to Kshs. 250,000/=in default to serve 3 months jail term. 7. Orders Accordingly. DATED, SIGNED AND DELIVERED IN OPEN COURT /ONLINE THROUGH MS TEAMS, THIS 22ND DAY OF JULY, 2021 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel – Court assistant Ms. Karanja for Respondent Applicant – No appearance Mr. Were Advocate for Applicant COURT

page 1 of 2