[2022] KEHC 12572 (KLR)
The court found that the default sentence of two years imprisonment imposed on the applicant for failure to pay a fine of Kshs 50,000 was unlawful, as section 28(2) of the Penal Code prescribes a maximum default sentence of six months for such a fine. The applicant had already completed the lawful sentence by the...
Source-derived case information.
- Citation
- [2022] KEHC 12572 (KLR)
- Parties
- Applicant: Daniel Dindi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E050 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released from custody
- Judges
- JN Kamau
- Legal Topics
- Dangerous Driving, Sentencing Errors, Traffic Offences, Default Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Dindi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's default sentence of two years imprisonment was lawful under the Penal Code and Traffic Act.
- 2 Whether the applicant had already served the lawful sentence imposed by the court.
Ratio Decidendi
The court found that the default sentence of two years imprisonment imposed on the applicant for failure to pay a fine of Kshs 50,000 was unlawful, as section 28(2) of the Penal Code prescribes a maximum default sentence of six months for such a fine. The applicant had already completed the lawful sentence by the time of the ruling. The court therefore ordered his immediate release unless held for another lawful cause, correcting the sentencing error and upholding the statutory limits on custodial sentences in default of payment of fines.
Court Disposition
application allowed; applicant released from custody
Orders
- The applicant be and is hereby released from custody forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
19 paragraphs
Dindi v Republic (Criminal Revision E050 of 2022) [2022] KEHC 12572 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12572 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E050 of 2022
JN Kamau, J
August 1, 2022
Between
Daniel Dindi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of causing death by dangerous driving contrary to section 49 of the Traffic Act cap 403 (laws of Kenya). Failing to report an accident contrary to section 73 (3) as read with section 75 of the Traffic Act, Riding a motor cycle without insurance contrary to section 103 (3) as read with section 103A (F) of the Traffic Act and riding a motor cycle on a public road without a driving licence contrary to section 103 B (5) as read with section 103 B (F) of the Traffic Amendment Act. He pleaded guilty to all charges on June 3, 2021.
2. The report by Bernard O Musitia, the probation/community service officer dated July 25, 2022 has recommended that the applicant serves the remainder of his sentence at Madende Dispensary. This court notes that the applicant has already completed his sentence.
3. According to section 28 (2) of the Penal Code cap 63 (laws of Kenya) provides that where the fine exceeds Kshs 75,000/= but does not exceed Kshs 50,000/=, the default sentence is six (6) months imprisonment. As the applicant was discharged on counts (2), (3) and (4) and fined Kshs 50,000/= in default two (2) years imprisonment on count I, the default sentence in prison was six (6) months. Having been sentenced on August 3, 2021, he has already completed his sentence, the sentence of two (2) years having been unlawful, illegal and lacking in any legal basis.
4. It is hereby directed that the applicant be and is hereby released from custody forthwith unless he be held for any other lawful cause.Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J KAMAUJUDGE