[2018] KEHC 8768 (KLR)
The court found that while the applicant's financial circumstances were sympathetic, the sentence must reflect the seriousness of the offence and statutory requirements. The original fine of Ksh 70,000 or six months imprisonment was set aside as excessive, and substituted with a fine of Ksh 30,000 or three months...
Source-derived case information.
- Citation
- [2018] KEHC 8768 (KLR)
- Parties
- Applicant: Daudi Jelle Samoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 8 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence varied; fine reduced; imprisonment term reduced
- Judges
- CM Kamau
- Legal Topics
- Sentencing Principles, Wildlife Offences, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daudi Jelle Samoo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court was excessive or inappropriate in the circumstances.
- 2 Whether the fine should be commensurate with the offence and statutory provisions rather than the applicant's ability to pay.
Ratio Decidendi
The court found that while the applicant's financial circumstances were sympathetic, the sentence must reflect the seriousness of the offence and statutory requirements. The original fine of Ksh 70,000 or six months imprisonment was set aside as excessive, and substituted with a fine of Ksh 30,000 or three months imprisonment. The court emphasized that fines should not be determined solely by what the offender can afford, but must be commensurate with the law and the nature of the offence, particularly given the scale of the offence (having 120 animals in a national park without authorisation).
Court Disposition
sentence varied; fine reduced; imprisonment term reduced
Orders
- The order of Hon E G Nderitu (SPM) imposing a fine of Ksh 70,000 or six months imprisonment is set aside.
- The applicant is fined Ksh 30,000 or in default to serve three months imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL REVISION NO 8 OF 2018
DAUDI JELLE SAMOO...................................APPLICANT
VERSUS
REPUBLIC....................................................RESPONDENT
RULING
1. I have looked at the Applicants application for Revision that was filed on 26th January 2018 and noted his submissions that he can only raise Ksh 10,000/= because his employer disappeared after his animals were released. He has no other means of paying the fine. While I sympathise with him, an offence under the Law was committed and the same must be punished as the scales of law must cut both ways.
2. In view of the fact that he had one hundred and twenty (120) animals in the Tsavo East National Park without authorisation, I hereby set aside and/or vacate the order of Hon E G Nderitu (SPM) that he pays a fine of Ksh 70,000/= and/or in default to serve six (6) months imprisonment and in its place, fine him Ksh 30,000/- and in default to serve three (3) months imprisonment.
3. Indeed, a fine ought not to be what a person can afford but rather, it must be commensurate with what is provided under the law.
4. Orders accordingly.
DATED and DELIVERED at VOI this 31stday of January2018
J. KAMAU
JUDGE
In the presence of:-
Daudi Jelle Samoo - Applicant
Miss Anyumba - for State
Susan Sarikoki – Court Clerk