[2025] KEHC 6577 (KLR)

[2025] KEHC 6577 (KLR)

The court found that the default custodial sentence of 5 years imposed by the trial court for failure to pay a fine of Kshs. 150,000 was unlawful, as section 28(2) of the Penal Code limits the default period to 12 months for fines exceeding Kshs. 50,000. The High Court reviewed the sentence to align with the statutory maximum, ordering that the default custodial sentence be reduced to 12 months. The court further held that the sentence should run from the date the applicant was arraigned, and since the applicant had already served the term, she was to be discharged and set at liberty unless otherwise lawfully held.

Citation
[2025] KEHC 6577 (KLR)
Parties
Applicant: Nicoline Chepkemoi; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Judgment Date
21 May 2025
Case Number
Miscellaneous Criminal Application E034 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review/re Sentencing
Outcome
Application for review/re-sentencing allowed. Sentence reviewed to a fine of Kshs. 150,000 or, in default, 12 months' imprisonment. Applicant discharged as she has served the term.
Judges
JK Ng'arng'ar
Legal Topics
Infanticide, Sentencing Review, Penal Code Section 210, Default Sentence Periods, Fine in Lieu of Imprisonment
Source Language
English
Criminal Law Infanticide Sentencing Review Penal Code Section 210 Default Sentence Periods Fine in Lieu of Imprisonment

Case Brief

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Parties

Nicoline Chepkemoi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Review/re Sentencing

Legal Issues

  1. 1 Whether the default custodial sentence imposed upon failure to pay the fine was lawful under section 28 of the Penal Code.
  2. 2 Whether the applicant was entitled to a review or re-sentencing based on the sentence imposed.

Ratio Decidendi

The court found that the default custodial sentence of 5 years imposed by the trial court for failure to pay a fine of Kshs. 150,000 was unlawful, as section 28(2) of the Penal Code limits the default period to 12 months for fines exceeding Kshs. 50,000. The High Court reviewed the sentence to align with the statutory maximum, ordering that the default custodial sentence be reduced to 12 months. The court further held that the sentence should run from the date the applicant was arraigned, and since the applicant had already served the term, she was to be discharged and set at liberty unless otherwise lawfully held.

Court Disposition

Application for review/re-sentencing allowed. Sentence reviewed to a fine of Kshs. 150,000 or, in default, 12 months' imprisonment. Applicant discharged as she has served the term.

Orders

  • The sentence is reviewed to a fine of Kshs. 150,000 or, in default, 12 months' imprisonment.
  • The sentence shall run from 6/5/2024, the date of arraignment.