[2021] KEHC 5844 (KLR)
The High Court found that the lower court's sentence failed to specify a default period for non-payment of the Kshs 30,000 fine and imposed an excessive default period of two years for non-payment of Kshs 107,000, contrary to the law. The court reviewed the sentence to specify a six-month imprisonment in default of...
Source-derived case information.
- Citation
- [2021] KEHC 5844 (KLR)
- Parties
- Applicant: Cyrus Muse Wambua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E090 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- sentence reviewed and varied
- Judges
- GL Nzioka
- Legal Topics
- Sentencing Review, Plea Bargaining, Default Sentences, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Muse Wambua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the default periods for non-payment of fines imposed on the applicant were lawful and appropriate.
- 2 Whether the custodial sentences in lieu of default to pay fines should run consecutively or concurrently.
- 3 Whether the period spent in custody should be taken into account in sentencing in a plea bargaining context.
Ratio Decidendi
The High Court found that the lower court's sentence failed to specify a default period for non-payment of the Kshs 30,000 fine and imposed an excessive default period of two years for non-payment of Kshs 107,000, contrary to the law. The court reviewed the sentence to specify a six-month imprisonment in default of the Kshs 30,000 payment and reduced the default period for the Kshs 107,000 payment to one year. The court further held that the custodial sentences in default of payment should run consecutively, not concurrently. The period already spent in custody was deemed to have been taken into account, considering the plea bargaining context and the leniency of the sentence.
Court Disposition
sentence reviewed and varied
Orders
- On default of payment of Kshs 30,000, the applicant shall serve six months imprisonment.
- On default of payment of Kshs 107,000 to the complainant, the applicant shall serve one year imprisonment.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION E090 OF 2021
CYRUS MUSE WAMBUA......................................................................................APPLICANT
VERSUS
REPUBLIC..........................................................................................................RESPONDENT
RULING
COURT
The applicant was charged with the offence of stealing as per the charge sheet. He pleaded not guilty on plea date and then entered a plea bargaining that read the sentence of an order he pays Kshs30,000 and in addition pay the complainant a sum of Kshs 107,000 in default to serve two years imprisonment.
The applicant seeks for review of the sentence. From what has been canvassed before me and the record of the lower court sentence. I note the following:
a. No default period for non-payment of Kshs30,000. I therefore review the sentence by ordering that on default of payment of that money, he serves 6 months imprisonment.
b. Secondly, the default period of Kshs 107,000 should have been one (1) year and not two years. I therefore review the same from two (2) years to one year.
c. The custodial sentence in lieu of default to pay fine run consecutively NOT concurrently.
d. In view of the fact that this is plea bargaining case, and the terms have not been met, further, the sentence of 16 months is already lenient, the period in custody will be deemed to have been taken into account while sentencing.
it is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED THIS 14TH DAY OF JUNE 2021
GRACE L. NZIOKA
JUDGE
In the presence of:
Applicant present in person
No appearance for the applicant
Ms Chege for the Respondent
Ombuna – Court Assistant