kemc-2025-00009

Republic v Kimani (Trafic Case E220 of 2025) [2025] KEMC 9 (KLR) (6 February 2025) (Sentence) Neutral citation: [2025] KEMC 9 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS TRAFFIC CASE E220 OF 2025 PA NDEGE, SPM FEBRUARY 6, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND WILSON KIMANI ........................................................................................ ACCUSED SENTENCE 1. The accused person herein, Wilson Kimani, has been convicted upon own plea of the ofience of Driving a Motor Vehicle on a Public Road under the Infiuence of Alcohol Contrary to Section 44(1) of the Traffic Act, Cap 403 Laws of Kenya. He has admitted that on 05/02/2025 at about 00.02am along Pinkam Road, in Nakuru County, being the driver of motor vehicle Reg. No. KDP 166V make Canter, he drove the said motor vehicle while under the infiuence of alcohol 0.87 mg/l instead of 0.01 mg/l for commercial motor vehicles which exceeded prescribed alcoholic limit thereby exceeded by 0.86 mg/l to such an extent to be incapable of having proper control of the said motor vehicle. 2. He is a first-time ofiender as no previous records were furnished by the prosecution. He has pleaded for forgiveness. I have looked at the relevant provisions herein. The accused person was driving a heavy commercial vehicle at the time while inebriated. I have taken note of the dangers and risks that he posed to himself and to other member of the public and I do hereby sentence him to a fine of Kshs. 30,000/ = and in default to serve 8 months imprisonment. Further pursuant to the provisions of section 44(2) of the Traffic Act, I do hereby disqualify him from holding or obtaining a license for a period of 12 months from the date hereof. 14 days Right of Appeal, explained DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 06TH DAY OF FEBRUARY, 2025 ALOYCE-PETER-NDEGE https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/9/eng@2025-02-06 1

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