Republic v Chumba (Traffic Case E827 of 2025) [2025] KEMC 94 (KLR) (15 May 2025) (Sentence)

Republic v Chumba (Traffic Case E827 of 2025) [2025] KEMC 94 (KLR) (15 May 2025) (Sentence) Neutral citation: [2025] KEMC 94 (KLR) Republic of Kenya In the Nakuru Law Courts Traffic Case E827 of 2025 PA Ndege, SPM May 15, 2025 Between Republic Prosecution and Denis Cheruiyot Chumba Accused Sentence 1.The accused person herein, Denis Cheruiyot Chumba, has been convicted upon own plea of guilty of the offence of operating a motor vehicle on a public road for hire or reward without the requisite license issued by the authority contrary to Section 26(1) as read with Section 26(7) of the [National Transport and Safety Authority Act](/akn/ke/act/2012/33). He has admitted that on 9/05/2025 at about 1100hours along Nakuru-Nyahururu road at Kagoto area within Nakuru County, being the driver of a motor vehicle Reg No. KCY 292Z make Toyota Hiace matatu, he drove the said motor vehicle without a valid road service license issued by the National Transport and Safety Authority. 2.He is a first-time offender as no previous records were furnished by the prosecution. Additionally, he has shown remorse and willingness to comply with the requirements prescribed by law. Kemei J in Khaemba v Republic (Criminal Revision 328 of 2024), upheld a fine of Kshs 20,000 imposed by the trial court for the offence of operating a school bus without road service license contrary to Section 26(1) as read with Section 26(7) of [National Transport and Safety Authority Act](/akn/ke/act/2012/33). The Learned judge was careful to note that the applicant had pleaded guilty to the offence where he was convicted as such and that he was a first-time offender. Considering the above precedent and the principles of sentencing of proportionality and uniformity as enshrined in the Sentencing [Policy Guidelines of 2023](/akn/ke/act/policy/2023/guidelines), I find that a fine of Kshs 20,000 in default to serve two months imprisonment is reasonable and as such mete out the same as the sentence herein.14 days Right of Appeal explained **DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS…15TH…. DAY OF……MAY………….,2025****ALOYCE-PETER-NDEGE****SENIOR PRINCIPAL MAGISTRATE** In the presence of;Court interpreter- JanetProsecution counsel- MachariaDefence counsel- SimiyuAccused- Present