[2024] KEHC 9935 (KLR)

[2024] KEHC 9935 (KLR)

The court found that the appellant, being a first offender, was entitled to the option of a fine. The failure to provide this option at the initial sentencing was an error. The court exercised its discretion to review the sentence and substituted it with a fine of Kshs. 30,000, with the custodial sentence to apply...

Source-derived case information.

Citation
[2024] KEHC 9935 (KLR)
Parties
Appellant: Jane Wakuthii Kabutu; Respondent: Republic
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Case Number
Criminal Appeal E019 of 2024
Procedural Posture
Criminal Appeal / Ruling on Sentence Review
Outcome
sentence reviewed; fine imposed
Judges
RM Mwongo
Legal Topics
Sentencing Principles, First Offender Treatment
Source Language
en
Criminal Law Sentencing Principles First Offender Treatment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jane Wakuthii Kabutu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Sentence Review

Legal Issues

  1. 1 Whether the appellant, as a first offender, ought to have been given the option of a fine at sentencing.

Ratio Decidendi

The court found that the appellant, being a first offender, was entitled to the option of a fine. The failure to provide this option at the initial sentencing was an error. The court exercised its discretion to review the sentence and substituted it with a fine of Kshs. 30,000, with the custodial sentence to apply only in default of payment.

Court Disposition

sentence reviewed; fine imposed

Orders

  • The sentence is reviewed to a fine of Kshs. 30,000.
  • In default of payment, the appellant shall serve the existing custodial term.