[2020] KEHC 6872 (KLR)
The court found that the default sentence of 12 months imprisonment imposed for non-payment of a Kshs.40,000 fine was illegal because Section 28(2) of the Penal Code limits the default imprisonment for such a fine to a maximum of six months. The trial court exceeded its jurisdiction by imposing a longer default...
Source-derived case information.
- Citation
- [2020] KEHC 6872 (KLR)
- Parties
- Applicant: Johnson Murage Karengithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 24 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default sentence varied; substituted with lawful maximum.
- Legal Topics
- Sentencing, Default Sentence, Assault Causing Actual Bodily Harm, Penal Code Section 251, Penal Code Section 28
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Murage Karengithi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of 12 months imprisonment for non-payment of a Kshs.40,000 fine for assault causing actual bodily harm is lawful under Section 28(2) of the Penal Code.
Ratio Decidendi
The court found that the default sentence of 12 months imprisonment imposed for non-payment of a Kshs.40,000 fine was illegal because Section 28(2) of the Penal Code limits the default imprisonment for such a fine to a maximum of six months. The trial court exceeded its jurisdiction by imposing a longer default sentence. The High Court, therefore, set aside the illegal default sentence and substituted it with the lawful maximum of six months imprisonment, interfering with the sentence only to that extent.
Court Disposition
Default sentence varied; substituted with lawful maximum.
Orders
- The default sentence of 1 year imprisonment is set aside and substituted with six (6) months imprisonment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.24 OF 2020
JOHNSON MURAGE KARENGITHI......APPLICANT
VERSUS
REPUBLIC..............................................RESPONDENT
(Revision of the Original Sentence dated 25. 02. 2020 in Nanyuki Criminal Case No.747 of 2019– 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, JOHNSON MURAGE KARENGITHI, was on 25. 02. 2020, fined Kshs.40,000= and in default to serve 12 months imprisonment for the offence of assault causing actual bodily harm contrary to Section 251 of the Penal Code. He did not pay the fine.
3. The default sentence is illegal in view of the provisions of Section 28(2) of the Penal Code. For a fine of Kshs.40,000= the default sentence should not exceed six(6) months imprisonment.
4. In the Circumstances, I will set aside the default sentence of 1 year imprisonment and substitute therefore six (6) months imprisonment. To that extent only will this court interfere with the sentence. It is so ordered.
DATED AT NANYUKI THIS 8TH DAY OF APRIL, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT