[2017] KEHC 4322 (KLR)
The court held that it cannot determine or order the payment of a fine or the calculation of the remaining prison sentence unless there is a dispute regarding the same. The execution of sentences, including the payment of fines and calculation of remaining prison terms, is governed by the Prisons Act and Regulations...
Source-derived case information.
- Citation
- [2017] KEHC 4322 (KLR)
- Parties
- Appellant: Abdikadir Sharif Abdinoor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 12 of 2016
- Procedural Posture
- Criminal Appeal / Post Judgment Application for Clarification/orders on Sentence Execution
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Sentencing, Imprisonment in Default of Fine, Execution of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdikadir Sharif Abdinoor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Post Judgment Application for Clarification/orders on Sentence Execution
Legal Issues
- 1 Whether the court can order that the appellant pays the fine for count 2 after serving the sentence for count 1.
- 2 Whether the calculation and execution of sentences and fines is within the jurisdiction of the court post-judgment.
Ratio Decidendi
The court held that it cannot determine or order the payment of a fine or the calculation of the remaining prison sentence unless there is a dispute regarding the same. The execution of sentences, including the payment of fines and calculation of remaining prison terms, is governed by the Prisons Act and Regulations and is an administrative function handled by prison authorities and the Deputy Registrar. Since no dispute was presented regarding the calculation or execution of the sentence, the court found no issue for determination and declined to grant the appellant's request.
Court Disposition
application dismissed
Orders
- The appellant's request for an order to pay the fine of Kshs. 300,000 for count 2 is declined and dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA CRIMINAL APPEAL NO. 12 OF 2016
ABDIKADIR SHARIF ABDINOOR………………....……..……….APPELLANT
VS
REPUBLIC………………………………………………………RESPONDENT
RULING
This matter came to this court on appeal, and the court delivered its judgment in the appeal on 10th November 2016. The sentence for court 1 was reduced from a fine of Kshs. 5million in default 5years imprisonment to a fine of Kshs. 3million and in default imprisonment for 3years. The sentence for count 2 was reduced from a fine of Kshs. 500,000 in default 5years imprisonment to a fine of Kshs. 300,000 and in default imprisonment for 2years.
The appellant has come back to this court with a request filed on 24th April 2017 for orders that the court orders that he pays the fine for Kshs. 300,000 for count 2, as he completed the prison sentence for court 1.
When the appellant appeared in this court on 30th May, 2017 he emphasized that he had only 1year and four months to serve in prison. According to him the order sought herein were justified.
Learned Principal Prosecuting Counsel Mr. Okemwa submitted that the appellant wanted a clarification regarding service of sentence, but emphasized that the sentence for count 1 had to be served first.
Having considered the request and submissions of the appellant and the submissions of the Principal Prosecuting Counsel, I am of the view that the service of sentences is guided by the Prisons Act and Regulations. This court cannot determine the calculation of remainder of prison sentence or a fine, unless there is a dispute. I have not been told that there is any dispute in determining the fine payable and the remaining prison term. Therefore in my view, there is not issue for determination by this court.
If the appellant wants to pay the fine for court 2, he should consult the Garissa GK Prison Officers and the Deputy Registrar of this court, and pay the fine for the period which he has not served.
This court cannot order that he pays a fine of Kshs. 300,000. I decline the request of the appellant and dismiss his request.
Dated and delivered at Garissa on 30th June, 2017.
GEORGE DULU
JUDGE