[2025] KEHC 6127 (KLR)
The High Court found that the sentences imposed by the lower court were the minimum required by the Wildlife Conservation and Management Act 2013. As such, the sentences were neither illegal nor improper. The court held that it had no basis to interfere with or revise the sentences under its revisionary jurisdiction...
Source-derived case information.
- Citation
- [2025] KEHC 6127 (KLR)
- Parties
- Applicant: Sammy Selemoi Kachepawan; Applicant: Johnson Mukeku Kisilu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E005 of 2025
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- JM Nang'ea
- Legal Topics
- Sentencing, Revision Jurisdiction, Wildlife Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Selemoi Kachepawan
Applicant
Johnson Mukeku Kisilu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the lower court was illegal or improper to warrant revision by the High Court.
- 2 Whether the minimum sentence under the Wildlife Conservation and Management Act 2013 was properly applied.
Ratio Decidendi
The High Court found that the sentences imposed by the lower court were the minimum required by the Wildlife Conservation and Management Act 2013. As such, the sentences were neither illegal nor improper. The court held that it had no basis to interfere with or revise the sentences under its revisionary jurisdiction as provided by Sections 362 and 364 of the Criminal Procedure Code. The application for revision was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Kachepawan & another v Republic (Revision Case E005 of 2025) [2025] KEHC 6127 (KLR) (13 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6127 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E005 of 2025
JM Nang'ea, J
May 13, 2025
Between
Sammy Selemoi Kachepawan
1st Applicant
Johnson Mukeku Kisilu
2nd Applicant
and
Republic
Respondent
Ruling
1. I have perused the application in which the applicants complain of severity in the sentence of a fine of Kshs. 200,000/= or two (2) years imprisonment the lower court imposed against them in respect of each of the Counts of offences preferred under the Wildlife Conservation and Management Act 2013.
2. The sentences meted out are the minimum ones prescribed by the law. The sentences are not therefore illegal or otherwise improper as to call for revision by this Court pursuant to Section 362 as read with Section 364 (1) (a) (b) of the Criminal Procedure Code.
3. This application is accordingly dismissed.
J. M. NANG’EA, JUDGE.RULING DELIVERED VIRTUALLY THIS 13TH DAY OF MAY, 2025 IN THE PRESENCE OF:Ms Sang for stateCourt Assistant, JenifferApplicants, AbsentJ. M. NANG’EA, JUDGE.