[2019] KEHC 12173 (KLR)
The court found that although the offence of possession of a wildlife trophy was serious and prevalent at the time, the imposition of the maximum sentence on a first offender was harsh and excessive. The court exercised its discretion to revise the sentence, considering the applicant's status as a first offender,...
Source-derived case information.
- Citation
- [2019] KEHC 12173 (KLR)
- Parties
- Applicant: Joseph Nyaga Wambugu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 241 of 2017
- Procedural Posture
- Miscellaneous Application / Revision Ruling
- Outcome
- sentence_varied
- Legal Topics
- Wildlife Offences, Sentencing Revision, Possession of Wildlife Trophy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Nyaga Wambugu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Revision Ruling
Legal Issues
- 1 Whether the five-year sentence imposed for possession of a wildlife trophy was harsh and excessive.
- 2 Whether the sentence should be revised considering the applicant was a first offender.
Ratio Decidendi
The court found that although the offence of possession of a wildlife trophy was serious and prevalent at the time, the imposition of the maximum sentence on a first offender was harsh and excessive. The court exercised its discretion to revise the sentence, considering the applicant's status as a first offender, but also noted the applicant's lack of remorse. Consequently, the court set aside the five-year sentence and substituted it with a three-year custodial sentence, balancing the need for deterrence with proportionality in sentencing.
Court Disposition
sentence_varied
Orders
- The five-year jail term is set aside.
- The applicant shall serve three years imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 241 OF 2017
JOSEPH NYAGA WAMBUGU........................................................APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
RULING
1. The Applicant seeks a revision of the sentence meted out in Kibera Cr. Case No. 137 of 2014. He was charged with the offence of being in possession of Wildlife Trophy contrary to Section 95 of the Wildlife conservation and Management Act, 2013. It was alleged that on the 31st day of March, 2014 at around 13. 30 hrs at Hillocks Area at Kobil Petrol Station within Nairobi county, was found in possession of wildlife trophy namely, one (1) piece of raw elephant tusk weighing 2 kg with a street value of kshs. 200,000/=. He was sentence to serve five years imprisonment.
2. I have considered that he was a first offender. Although the trade in elephant tusks then was prevalent, imposition of the maximum sentence under the law was harsh and excessive.
3. All the same, even as the Applicant insists on proceeding with the revision, he is clearly not remorseful. He thus deserves a custodial sentence any way.
4. Accordingly, I set aside the five years jail term and substitute it with an order that the Applicant shall serve three years imprisonment.
DATED and DELIVERED this 16th day ofDecember, 2019
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant present in person
2. M/s Chege for the Respondent.