Republic v Omeke (Trafic Case E597 of 2026) [2026] KEMC 191 (KLR) (2 June 2026) (Sentence) Neutral citation: [2026] KEMC 191 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS TRAFFIC CASE E597 OF 2026 PA NDEGE, SPM JUNE 2, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND DANIEL OMEKE .......................................................................................... ACCUSED SENTENCE 1. The accused herein, Daniel Omeke, has been convicted upon own plea of the ofience of leaving unattended a motor tricycle with engine running contrary to section 66(a) as read with section 67(1) of the Traffic Act cap 403 Laws of Kenya. He admitted that on 27 May 2026 at about 0930 hrs along Menengai road in Nakuru County being the driver of a motor tricycle registration number KTWD 573B make Pigio tuktuk he left the said motor tricycle while unattended with the engine running. 2. His actions were against section 66(a) of the Traffic Act that states the following: No person shall— (a) Leave unattended on a road any motor vehicle with the engine running. Section 67(1) of the same Act then prescribes the punishment of the above ofience as follows: (1) 3. Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an ofience and liable, where no penalty is specifically provided, on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or to both. The punishment stipulated by the Traffic Act for the ofience and the definition of a felony in section 4 of the Penal Code makes the ofience herein a misdemeanour. Paragraph 2.3.15 of the Sentencing Policy Guidelines 2023 guides courts to avoid custodial sentences for misdemeanours. The court in determining the extent of the fine to impose is also guided by the same policy that requires that a fine https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/191/eng@2026-06-02 1
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imposed should act as a reasonable punishment but not to cause excessive hardship that would render the ofiender unable to meet their basic needs. 4. The court has also taken note of the provisions of section 67(2) that stipulates that in addition to any punishment rendered by the court for such an ofience the particulars of the conviction are to be endorsed on the driving licence of the person in question. 5. All the above having been considered, the accused is thus sentenced to a fine of Kshs 5,000 and in default one and a half months imprisonment. The court also orders that the particulars of this conviction be endorsed on the driving licence of the accused herein. DATED SIGNED AND DELIVERED IN OPEN COURT THIS 02ND DAY OF JUNE 2026 ALOYCE PETER NDEGE SENIOR PRINCIPLE MAGISTRATE In the presence of; Court Interpreter: Micah Prosecution Counsel: Macharia Accused Person. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/191/eng@2026-06-02 2
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