[2019] KEHC 1616 (KLR)
The High Court found that although the applicant was a repeat offender and the fine of Kshs 50,000 was deserved, the trial magistrate erred in imposing a default sentence of eight months imprisonment. Section 28 of the Penal Code limits the default imprisonment for fines not exceeding Kshs 50,000 to a maximum of six...
Source-derived case information.
- Citation
- [2019] KEHC 1616 (KLR)
- Parties
- Applicant: Jecinta Wangechi Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 12 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- Sentence revised; default imprisonment reduced to six months in accordance with the law.
- Judges
- LW Gitari
- Legal Topics
- Sentencing Principles, Default Sentences, Repeat Offender, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jecinta Wangechi Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the default sentence imposed by the trial magistrate exceeded the statutory maximum under Section 28 of the Penal Code.
- 2 Whether the sentence imposed on the applicant was appropriate given her status as a repeat offender.
Ratio Decidendi
The High Court found that although the applicant was a repeat offender and the fine of Kshs 50,000 was deserved, the trial magistrate erred in imposing a default sentence of eight months imprisonment. Section 28 of the Penal Code limits the default imprisonment for fines not exceeding Kshs 50,000 to a maximum of six months. The court therefore set aside the default sentence imposed by the trial court and substituted it with a lawful sentence of six months imprisonment in default of payment of the fine. The substantive sentence of a fine of Kshs 50,000 remained unchanged.
Court Disposition
Sentence revised; default imprisonment reduced to six months in accordance with the law.
Orders
- The sentence of the trial magistrate is set aside.
- The sentence is substituted with a fine of Kshs 50,000 or in default, six months imprisonment from the date of sentence.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
CRIMINAL REVISION NO. 12 OF 2019
(From Original Conviction and sentence in Criminal Case No.233 of 2019
of theSenior Principal Magistrate’s Court at Baricho –A.K. Mwicigi -SPM
JECINTA WANGECHI MWANGI...............................................................APPLICANT
VERSUS
REPUBLIC..................................................................................................RESPONDENT
RULING
1. The appellant was said to be a repeat offender. She was fined Kshs 50,000/- or i/d serve Nine months imprisonment. I have considered the Probation Officer’s report which States that she is a repeat offender who is deep rooted in the vice and has defiled all efforts to rehabilitate her.
2. I find that the sentence imposed was deserved. I have no reason to interfere with the discretion of the trial Magistrate on sentencing.
3. I however note that under Section 28 of the Penal Code, where the fine imposed does not exceed Kshs 50,000/- the Maximum sentence in default is Six months.
4. The trial Magistrate made an error when he imposed a default clause of Eight Months. I therefore have reason to revise the sentence.
5. I order that the Sentence of the trial Magistrate is set aside. The sentence is substituted with the sentence of a fine of Kshs 50,000/- i/d serve Six months imprisonment from the date of the sentence.
Dated at Kerugoya this 29th day of November 2019.
L. W. GITARI
JUDGE
Read out in open court,
Applicant present,
P/C Ms. Muthoni.
C/A – Gichia.
L. W. GITARI
JUDGE