[2013] KEHC 3111 (KLR)
The court held that the sentence imposed on the applicant, being a fine of Kshs.20,000 in default three months imprisonment for a misdemeanour under section 243(d) of the Penal Code, was within the statutory limits. The Penal Code defines a misdemeanour as an offence not punishable by three years or more, and the...
Source-derived case information.
- Citation
- [2013] KEHC 3111 (KLR)
- Parties
- Applicant: Dominic Mutua Nzioka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 9 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed
- Judges
- BT Jaden
- Legal Topics
- Sentencing Principles, Misdemeanour Definition, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Mutua Nzioka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant was harsh or unlawful under section 243(d) of the Penal Code.
- 2 Whether the default imprisonment term for non-payment of the fine was within the law.
Ratio Decidendi
The court held that the sentence imposed on the applicant, being a fine of Kshs.20,000 in default three months imprisonment for a misdemeanour under section 243(d) of the Penal Code, was within the statutory limits. The Penal Code defines a misdemeanour as an offence not punishable by three years or more, and the sentence imposed did not exceed this threshold. Furthermore, section 28(2) of the Penal Code provides that a fine of Kshs.20,000 attracts a default sentence of three to six months imprisonment, making the default term lawful. The court found no basis to interfere with the sentence, concluding that it was neither harsh nor unlawful.
Court Disposition
application for revision dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Machakos
Criminal Revision 9 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
DOMINIC MUTUA NZIOKA .………….…..……………….. APPLICANT
VERSUS
REPUBLIC …………………..…………………….……. RESPONDENT
************************************
(Before B. Thuranira Jaden J)
RULING ON REVISION
The Applicant, Dominic Mutua Nzioka was charged with the offence of reckless and negligent act causing harm contrary to section 243 (d) of the Penal Code.
When the Applicant was arraigned before the lower court, he pleaded guilty to the offence. He was convicted and sentenced to pay a fine of Kshs.20,000/= in default to serve three months imprisonment.
The complainant applied for revision vide his letter dated 28/3/2012. The Applicant’s complaint is that the sentence is harsh and unlawful.
Section 243 of the Penal Code under which the Applicant was charged provides that the offence is a misdemeanour.
A “misdemeanour” means any offence which is not a “felony”.
A “felony” means an offence which is punishable with imprisonment for three years or more. (See Section 4 of the Penal Code).
Any sentence under Section 243 of the Penal Code which is not more than three years imprisonment is therefore within the law.
The Applicant was fined Kshs.20,000/= in default three months imprisonment. Under Section 28 (2) of the Penal Code, a fine of Kshs.20,000/= attracts a default sentence of three to six months imprisonment.
The sentence is therefore within the law and is not harsh. Consequently, the application for revision is dismissed.
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 3rd day of May 2013.
………………………………………
JUDGE
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