Judge slashes Sh50k penalty to Sh3k, terms fine excessive

A woman who was fined Sh50,000 for a traffic misdemeanour has had the penalty reduced by the High Court in Nakuru.

The court ruled that the maximum penalty was disproportionate given the minor nature of the offence.

Eunice Njeri Njariani was convicted in Nakuru on two counts: failing to obey directions given by a police officer in uniform and driving a commercial motor vehicle without a first aid kit and fire extinguisher contrary to the Traffic Rules.

She pleaded guilty to both counts. On the first count, the trial court fined her Sh50,000 with a default term of six months’ imprisonment.

On the second count, she was fined Sh2,000 with a default term of one month.

In her application for revision, Njariani urged the High Court to consider the context of the incident.

She maintained that the offence arose from "unclear police instructions" and "caused no harm or congestion".

As such, the sentence was manifestly excessive, harsh and against new regulations, the applicant argued.

Njariani also presented mitigating factors including advanced age, poor health, unemployment and being the sole breadwinner for her children.

While the court found the original sentence lawful, it failed to reflect the magnitude of the offence.

“The trial court was entitled to impose a lawful sentence within the statutory maximum, but by selecting the maximum penalty it failed to reflect the minor nature of the offence and the principles of fairness and proportionality," Justice Samuel Mohochi said in his ruling on Tuesday.

"Sentencing is not merely about legality but also proportionality.”

The court noted that the offence is categorised as minor, punishable by a fine not exceeding Sh3,000.

Consequently, the judge substituted the penalty on the first count.

“A fine of Sh3,000 in default two months imprisonment would meet the ends of justice and in conformity with the Traffic (Minor Offences) Rules.”

On the second count, the court upheld the Sh2,000 fine, noting that the traffic rules prescribed a fine not exceeding the stated amount, or imprisonment for up to three months.

The judge also clarified that Rule 69 of the Traffic Rules, a general penalty clause, does not apply to offences under Part V of the Rules, which deals with omnibuses and matatus.

Since the applicant’s charge fell under Part V, which covers different regulations, that specific penalty rule did not apply to her case due to these distinct categories.

“The sentence imposed by the trial court was therefore within the prescribed limits and requires no interference.”

The court also ordered a refund.

“Having duly paid the fine, the applicant shall be refunded the excess sum of Sh47,000 forthwith, being the amount paid over and above the penalty imposed herein.”