Macharia v Republic (Criminal Revision E157 of 2025) [2025] KEHC 19538 (KLR) (11 June 2025) (Ruling) Neutral citation: [2025] KEHC 19538 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MURANG'A CRIMINAL REVISION E157 OF 2025 CW GITHUA, J JUNE 11, 2025 BETWEEN JAMES MBOCHA MACHARIA ............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. As the original record of the lower court has now been availed to this court and having noted the nature of offences that resulted into the applicant’s conviction and sentence and the orders sought in the Notice of motion dated 3rd June 2025, in the exercise of my discretion under Section 365 of the Criminal Procedure Code, I will proceed to determine the application without hearing any of the parties. 2. Having considered the application and having read the proceedings before the trial court, I find that the applicant was convicted on his own plea of guilty in six counts in which he was charged with different traffic offences. 3. In count 1 whose sentence is the subject of the instant application, he was sentenced to serve 12 months imprisonment without the option of a fine for the offence of riding a motorcycle on a public road under the influence of alcohol contrary to Section 44 (1) of the Traffic Act. 4. In all the other counts, he was sentenced to pay different amounts of fines in default to serve various terms of imprisonment. 5. The court record confirms that the applicant has since paid the fines imposed in all the other five counts. 6. In his application, the applicant has only complained about the sentence meted out in count 1. He did not express any concern with regard to the sentences meted out in all the other counts. He complained that the sentence imposed in Count 1 was harsh and excessive considering that he was a first offender. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19538/eng@2025-06-11 1
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7. The court record does not however confirm whether or not the applicant was a first offender since the prosecution did not address the trial court after the applicant was convicted and the applicant was not given an opportunity to mitigate before sentence was passed. 8. Since there is nothing on record to challenge the applicant’s claim that he was a first offender, I will give him the benefit of doubt and accept his assertion that he was a first offender at the time he was convicted and sentenced. 9. That said, considering that there was nothing on record to show that he was a repeat offender, I find that a sentence of 12 months imprisonment without the option of a fine for a traffic offence was indeed harsh and excessive. In the premises, I am inclined to allow the application which I hereby do. 10. The court record confirms that the applicant has been serving sentence since 19th May 2025. He has therefore served sentence for a period of about one month. In my view, the period served amounts to sufficient punishment for the offence committed in Count 1. 11. In the circumstances, the sentence imposed by the trial court is hereby set aside and is commuted to the period already served. The applicant shall be released from prison forthwith unless otherwise lawfully held. It is so ordered. DATED, SIGNED AND DELIVERED AT MURANGA THIS 11TH JUNE 2025. HON. C. W. GITHUA JUDGE In the presence of : Mr. Mbugua for the Applicant Ms. Susan Waiganjo, Court Assistant No appearance for the ODPP Applicant Absent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19538/eng@2025-06-11 2
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