Republic v Macharia (Trafic Case E601 of 2026) [2026] KEMC 192 (KLR) (2 June 2026) (Sentence) Neutral citation: [2026] KEMC 192 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS TRAFFIC CASE E601 OF 2026 PA NDEGE, SPM JUNE 2, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND GEORGE MACHARIA ................................................................................ ACCUSED SENTENCE 1. The accused herein, GEORGE MACHARIA, 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. 2. He admitted that on 27/05/2026 at about 1453 hrs he was found to have been driving a PSV Motor Vehicle Registration No. KBY 328P along Nairobi-Nakuru road while under the infiuence of alcohol to such an extent as to be incapable of having proper control of the said vehicle. The prosecution has produced the test results of the accused Blood Alcohol Content (BAC) tested at Nakuru which was reading 216.1mg/100ml exceeding the legal limit prescribed by the Traffic Act. 3. Section 44(1) of the Traffic Act provides; Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place is under the infiuence of a drink/ drug to such extent shall be guilty of an ofience and liable to a fine not exceeding Kshs 100,000 or imprisonment of a term not exceeding 2 years or both. 2. Any person convicted of an ofience under this section shall, without prejudice to the power of the court to order a longer period of disqualification, be disqualified, for a period of 12 months from the date of conviction, for holding or obtaining a licence. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/192/eng@2026-06-02 1
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4. The sentencing policy guidelines (2023) paragraph 2.3.15 provides for principles to consider such as the gravity of the ofience and if the accused is a first-time ofiender. In this case the accused person is a first-time ofiender and entered a plea of guilty which is a mitigating factor demonstrating remorse as it was established in Benard Opiyo Ouma V Republic (2018) eKLR. 5. The accused person owed the highest duty of care to his passengers if they were present and fellow road users. Considering the nature of the ofience and all of the above I am inclined to grant a noncustodial order. The accused person is hereby sentenced to pay a fine of Kshs 30, 000 in default oneyear imprisonment and his driving licence is cancelled/ suspended for a period of 12 months pursuant to Section 44(2) of the Traffic Act in Count 1. 6. The matter shall be mentioned in Court No. 1 on 10/06/2026 for reallocation to another court for trial in the remaining counts. Once the fine herein is paid, or the default sentence is served, the accused shall be released on a bond of Kshs. 20,000/- and 1 surety of a similar amount. He is also hereby reminded that he has the right to advocate of own choice, witness statements and documents at own costs. Right of Appeal, 14 days explained. DATED SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS…02ND …DAY OF… JUNE….2026 A.P NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Micah Prosecution Counsel: Macharia Accused Person https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/192/eng@2026-06-02 2
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