[2020] KEHC 6809 (KLR)
The trial court imposed a default sentence of one year imprisonment for each count upon failure to pay a fine of Kshs.50,000, which contravenes Section 28(2) of the Penal Code that limits the default sentence to six months for such fines. The High Court, exercising its revisionary jurisdiction, set aside the illegal...
Source-derived case information.
- Citation
- [2020] KEHC 6809 (KLR)
- Parties
- Applicant: Isaac Njeru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 51 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default sentences revised; substituted with lawful terms.
- Legal Topics
- Sentencing, Default Sentences, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Njeru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of one year imprisonment for each count upon failure to pay a fine of Kshs.50,000 is lawful under Section 28(2) of the Penal Code.
- 2 Whether default sentences for multiple counts should be served consecutively or concurrently.
Ratio Decidendi
The trial court imposed a default sentence of one year imprisonment for each count upon failure to pay a fine of Kshs.50,000, which contravenes Section 28(2) of the Penal Code that limits the default sentence to six months for such fines. The High Court, exercising its revisionary jurisdiction, set aside the illegal default sentences and substituted them with six months imprisonment for each count. Furthermore, the court clarified that under the proviso to Section 37 of the Penal Code, default sentences for multiple counts must be served consecutively, resulting in a cumulative default sentence of twelve months imprisonment if the fines are not paid.
Court Disposition
Default sentences revised; substituted with lawful terms.
Orders
- The default sentence of one year imprisonment in each count is set aside and substituted with six months imprisonment for each count.
- The default sentences are to be served consecutively, resulting in a cumulative sentence of twelve months imprisonment if fines are not paid.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.51 OF 2020
ISAAC NJERU.................................................................APPLICANT
VERSUS
REPUBLIC....................................................................RESPONDENT
(Revision of the Original Sentence dated 27. 01. 2020 in Nanyuki Criminal Case No.40 of 2020– L. Mutai, CM)
08. 04. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. I have examined the trial court record.
2. The convict herein, ISAAC NJERU, was on 27. 01. 2020, sentenced to a fine of Kshs.50,000= and in default to serve one (1) year imprisonment on each of two offences of assault causing actual bodily harm contrary to Section 251 of the Penal Code.
3. The default sentences are obviously illegal in view of the provisions of Section 28(2) of the Penal Code. For a fine not exceeding Kshs.50,000= the default sentence should not exceed six (6) months imprisonment.
4. In the Circumstances, I will set aside the default sentence of one (1) year imprisonment in each count and substitute therefor six (6) months imprisonment. That means that the convict should serve a cumulative sentence of twelve (12) months imprisonment as default sentences must be served consecutively, not concurrently. See the proviso to Section 37 of the Penal Code. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT