Maina, J.: The accused/respondent, was convicted on his own plea of guilty of four counts under the Road Traffic Act 1973. The fourth count was on causing injury through reckless driving for which he was sentenced to a fine of shs.500/= or two months G imprisonment in default.
The record of the case was called for inspection because it appeared that the sentence for the offence in the fourth count was illegal. Furthermore, there was no order disqualifying the accusedfrom driving or obtaining a driving licence. The accused has H been called upon to show cause why the sentence should not be enhanced and also why he should not be disqualified from holding or obtaining a driving licence.
The facts which the accused admitted showed that he drove a motorcycle without displaying learner plates and that he drove so recklessly that he knocked own a I pedestrian who sustained injuries.
When called upon by this court to say why the sentence should not be enhanced, the A accused said that he is a first offender, he had several dependants and that he also sustained serious injuries in his attempt to avoid the collision. The pedestrian sustained minor injury which was a sprain on the leg and on the shoulder. B
In the circumstance, these were special reasons which are relevant for the purpose of imposing a sentence less than the minimum prescribed. The minimum sentence prescribed in section 63(1)(b) of the Road Traffic Act for an offence of causing injuries through reckless driving contrary to section 42 is a fine of ten thousand shillings. In the C circumstances of this case, I have held that the reasons advanced amount to special reasons and the court finds it fit to impose a sentence less than the minimum fine. However, the sentence of fine shs. five hundred imposed by the District Court was D manifestly lenient. The sentence is enhanced to fine shs. 5,000/= or one year imprisonment in default. Since the accused has paid the fine of shs.500/= imposed by the District Court, he should pay shs. 4,500/=.
As regards disqualification from driving, the accused said that he depends on driving to E be able to perform his duties as an auditor. With respect these are reasons special to the offender and not to the offence. A person who wishes not to be disqualified from driving must advance reasons which are special to the offence. In other words, the court can make an order not to disqualify an offender from driving where the reasons advanced are special to the offence. The accused has not given such reasons. F
It is hereby ordered that the accused be,and is hereby, disqualified from holding or obtaining a driving licence for a period of three (3) years effective from 18 January 1989 the date he was convicted. His learner's driving licence is hereby canceled. G
Order accordingly.
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