[2015] KEHC 2641 (KLR)
The court found that the offences for which the applicant was convicted were minor misdemeanours. The applicant pleaded guilty, thereby saving the court's time. The trial court imposed custodial sentences without the option of a fine, which the High Court deemed inappropriate given the circumstances. The High Court...
Source-derived case information.
- Citation
- [2015] KEHC 2641 (KLR)
- Parties
- Applicant: J A; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 48 of 2015
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentences reviewed and substituted with fines
- Judges
- JV Juma
- Legal Topics
- Revisionary Powers, Sentencing, Misdemeanours, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J A
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court erred in failing to grant the option of a fine for minor offences upon a guilty plea.
- 2 Whether the sentences imposed were appropriate given the nature of the offences.
Ratio Decidendi
The court found that the offences for which the applicant was convicted were minor misdemeanours. The applicant pleaded guilty, thereby saving the court's time. The trial court imposed custodial sentences without the option of a fine, which the High Court deemed inappropriate given the circumstances. The High Court exercised its revisionary jurisdiction under Section 362 of the Criminal Procedure Code to substitute the custodial sentences with fines, holding that a fine would have been adequate and just in the circumstances. The sentences were reviewed accordingly to provide for the option of a fine for each count, with specified default custodial terms in case of non-payment.
Court Disposition
sentences reviewed and substituted with fines
Orders
- Count No.1 – Fine of Kshs.1,000/- in default 30 days in prison.
- Count No.2 – Fine of Kshs.1,000/- in default 30 days in prison.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
REVISION NO. 48 OF 2015
J A ..................................................................................................................APPLICANT
VERSUS
REPUBLIC .................................................................................................RESPONDENT
RULING
By a letter dated 14/4/2015 Messrs Waichungo Martin & Co. Advocates appalled to the High Court to exercise its revisionary powers in Criminal Case No. 870 of 2015, Republic Vs J A. In that case the accused was charged as follows:-
Count No.1 – Illegal Grazing;
Count No.2 – Trespass upon private land;
Count No.3 – Erecting structures upon private land.
The accused pleaded guilty and was thereby convicted on all three counts by the Resident Magistrate sitting at Nyahururu Law Courts. He was sentenced as follows
Count No.1 – One (1) month imprisonment;
Count No.2 – One (1) month imprisonment;
Count No.3 – Two (2) months imprisonment.
The accused was not granted the option of a fine. It is for this reason that a revision is sought. It has later transpired that the accused is a student at [particulars withheld] Secondary School in Baringo and is due to join the second term in May 2015.
The powers of the High Court to review decisions of the lower court are to be found in Section 362 of the Criminal Procedure Code. I note from the annexed proceedings that the accused pleaded guilty to all charges thereby saving the court’s time. The offences were all minor (misdemeanours) and as such a fine would have been appropriate. Indeed given the short sentences given a fine would have been adequate. I therefore review the sentences imposed by the trial court as follows:-
1. Count No.1 – Fine of Kshs.1,000/- in default 30 days in prison;
2. Count No.2 – Fine of Kshs.1,000/- in default 30 days in prison;
3. Count No.3 – Fine of Kshs.2,000/- in default 2 months imprisonment.
MAUREEN A. ODERO
JUDGE
20/4/2015