Koech v Republic (Criminal Revision E307 of 2025) [2026] KEHC 10066 (KLR) (24 June 2026) (Ruling)
The trial court imposed a default sentence of two years imprisonment for a fine of Ksh 50,000, which exceeded the statutory maximum default sentence of six months under section 28(2) of the Penal Code. The sentence was therefore unlawful, warranting revision. Because the applicant had already served more than the...
Source-derived case information.
- Citation
- [2026] KEHC 10066 (KLR)
- Parties
- Applicant: Edwin Kipkemoi Koech; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E307 of 2025
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Revision allowed; unlawful default sentence set aside and substituted; applicant ordered released forthwith.
- Judges
- ["JK Sergon"]
- Legal Topics
- Revision Jurisdiction, Sentencing, Default Sentence, Legality of Sentence, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Kipkemoi Koech
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the High Court should revise the trial court proceedings under section 364 of the Criminal Procedure Code.
- 2 Whether the default sentence of two years imprisonment imposed for failure to pay a fine of Ksh 50,000 was lawful under section 28(2) of the Penal Code.
- 3 Whether the applicant had already served the lawful default sentence in full and was entitled to release.
Ratio Decidendi
The trial court imposed a default sentence of two years imprisonment for a fine of Ksh 50,000, which exceeded the statutory maximum default sentence of six months under section 28(2) of the Penal Code. The sentence was therefore unlawful, warranting revision. Because the applicant had already served more than the lawful default term, he was entitled to immediate release.
Court Disposition
Revision allowed; unlawful default sentence set aside and substituted; applicant ordered released forthwith.
Orders
- The default sentence of two (2) years imprisonment is set aside.
- The default sentence is substituted with six (6) months imprisonment.
Full Case Text
Judgment text and source record
1 paragraphs
Koech v Republic (Criminal Revision E307 of 2025) [2026] KEHC 10066 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 10066 (KLR) Republic of Kenya In the High Court at Nakuru Criminal Revision E307 of 2025 JK Sergon, J June 24, 2026 Between Edwin Kipkemoi Koech Applicant and Republic Respondent Ruling 1.Pursuant to the provisions of sections 364 of the Criminal Procedure Code, the proceedings relating to Molo CM Criminal Case No. E1176 of 2026 Republic Vs Edwin Kipkemoi Koech were placed before this court for perusal in exercise of its supervisory power of revision. 2.In exercising that power of revision, this court is required to examine the record and satisfy itself as to the legality, correctness or propriety of any finding, sentence or order recorded or passed and as to the regularity of the proceedings. 3.I have examined the proceedings of the trial court and it is apparent that the applicant was arraigned before the Principal Magistrate’s Court, Molo and pleaded guilty to the offence of assault causing actual bodily harm contrary to section 251 of the penal code. The record also shows that the applicant was thereafter sentenced to a fine of Ksh 50,000/= in default to serve two (2) years imprisonment. 4.It is also apparent that the applicant was unable to raise the fine and has therefore been serving the default sentence. Under section 28(2) of the Penal Code the maximum default sentence for a fine imposed exceeding Kshs 15000/= but not exceeding Kshs 50,000/= is six (6) months. 5.The learned Principal Magistrate mete out default sentence of 2 years imprisonment which sentence is way in excess of that prescribed by statute of six (6) months. 6.In sum, the default sentence was unlawful and must be revised and set aside. Consequently, the default sentence imposed of two (2) years is set aside and is substituted with a sentence of six (6) months. 7.It is apparent that the applicant namely Edwin Kipkemoi Koech has so far served default sentence of two (2) years. In view of the default sentence of six (6) months imposed by way of revision, it is apparent that the applicant has served in full the sentence. 8.Consequently, Edwin Kipkemoi Koech should be set free forthwith. DATED, SIGNED AND DELIVERED AT NAKURU THIS 24TH DAY OF JUNE, 2026.J. K. SERGONJUDGEIn presence ofJamleck/Rutto CAMiss Bosire for the State