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Original judgment

Stanway Maturi v The Republic

Maturi v Republic (Revision Case E048 of 2025) [2025] KEHC 8663 (KLR) (17 June 2025) (Ruling) Neutral citation: [2025] KEHC 8663 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA REVISION CASE E048 OF 2025 WA OKWANY, J JUNE 17, 2025 BETWEEN STANWAY MATURI ................................................................................ APPLICANT AND THE REPUBLIC ................................................................................... RESPONDENT RULING 1. I have carefully considered the Application dated 28th May 2025 together with the Supporting Affidavit. I note that the said Application is not opposed. 2. A perusal of the Lower Court record reveals that the Applicant pleaded guilty to the offence of driving a motor vehicle on a public road while under the influence of alcohol contrary to Section 44 (1) of the Traffic Act. He was consequently convicted and sentenced to pay a fine of Kshs. 80,000/= in default to serve twelve (12) months imprisonment. 3. The Applicant was further disqualified from holding or obtaining a driving licence for a period of 12 months from the date of the judgment being 21st May 2025. 4. He has now applied for a revision of the sentence downwards. 5. The record reveals that the Applicant was a first offender and is remorseful for his offence. I am of the view that the Applicant deserves leniency since he admitted his wrong-doing thereby saving the court’s precious judicial time, that could have been spent in a full trial. 6. I find that the Application dated 28th May 2025 is merited and therefore allow it in the following terms: a. The sentence passed by the trial court is hereby set aside and in its place, substituted by a sentence to a fine of Kshs. 15,000/=, in default twelve (12) months’ imprisonment. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8663/eng@2025-06-17 1

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b. 7. The Applicant is further disqualified from holding or obtaining a driving licence for a period of 12 months from 21st May 2025. File marked as closed. It is so ordered. RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIRTUALLY VIA MICROSOFT TEAMS THIS 17TH DAY OF JUNE 2025. W. A. OKWANY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/8663/eng@2025-06-17 2

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