[2018] KEHC 8754 (KLR)
The court found that while the applicant's financial circumstances were sympathetic, the offence of having 120 cattle in Tsavo East National Park without authorisation was serious and required punishment as prescribed by law. The court held that fines should not be based on the offender's ability to pay but must...
Source-derived case information.
- Citation
- [2018] KEHC 8754 (KLR)
- Parties
- Applicant: Hassan Omar Abdi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 7 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed in part; sentence revised.
- Judges
- CM Kamau
- Legal Topics
- Sentencing Principles, Wildlife Offences, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Omar Abdi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial court was excessive or improper in the circumstances.
- 2 Whether the applicant's inability to pay the fine warranted a revision of the sentence.
Ratio Decidendi
The court found that while the applicant's financial circumstances were sympathetic, the offence of having 120 cattle in Tsavo East National Park without authorisation was serious and required punishment as prescribed by law. The court held that fines should not be based on the offender's ability to pay but must align with statutory provisions. Consequently, the court revised the sentence by reducing the fine from Ksh 70,000 to Ksh 30,000 and the default imprisonment from six months to three months, balancing the need for punishment with the applicant's circumstances.
Court Disposition
Application for revision allowed in part; sentence revised.
Orders
- The order of Hon E G Nderitu of 25th January 2018 imposing a fine of Ksh 70,000 and in default six months imprisonment is set aside.
- The applicant is fined Ksh 30,000 and 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 7 OF 2018
HASSAN OMAR ABDI ............................... APPLICANT
VERSUS
REPUBLIC ............................................. RESPONDENT
RULING
1. I have looked at the Applicant’s 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 justice must cut both ways.
2. In view of the fact that he had one hundred and twenty (120) cattle in the Tsavo East National Park without authorisation and that ignorance is not an excuse, I hereby set aside and/or vacate the order of Hon E G Nderitu of 25th January 2018 that he pays a fine of Ksh 70,000/- and in default to serve six (6) months imprisonment and its place, fine him Ksh 30,000/- and in default to serve three (3) months imprisonment.
3. Indeed, a fine ought not 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:-
Hassan Omar Abdi - Applicant
Miss Anyumba - for State
Susan Sarikoki – Court Clerk