[2023] KEHC 20159 (KLR)

[2023] KEHC 20159 (KLR)

The High Court found that the sentence of two years imprisonment without the option of a fine was excessive in the circumstances. Exercising its revisionary jurisdiction, the court set aside the custodial sentence and substituted it with a fine of Kshs. 20,000, with a default sentence of two years imprisonment. The...

Source-derived case information.

Citation
[2023] KEHC 20159 (KLR)
Parties
Applicant: Bernard Kamau; Respondent: Republic
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Revision E637 of 2022
Procedural Posture
Criminal Revision / Ruling
Outcome
sentence set aside and substituted with fine; default custodial sentence imposed
Judges
SM Mohochi
Legal Topics
Sentencing Review, Imprisonment Without Option of Fine, Substitution of Sentence
Source Language
en
Criminal Law Sentencing Review Imprisonment Without Option of Fine Substitution of Sentence

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Summary, issues, holding and outcome

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Parties

Bernard Kamau

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the sentence of two years imprisonment without the option of a fine was appropriate and lawful.
  2. 2 Whether the applicant is entitled to a review of sentence under criminal revision jurisdiction.

Ratio Decidendi

The High Court found that the sentence of two years imprisonment without the option of a fine was excessive in the circumstances. Exercising its revisionary jurisdiction, the court set aside the custodial sentence and substituted it with a fine of Kshs. 20,000, with a default sentence of two years imprisonment. The court held that the interests of justice would be served by allowing the applicant the option of a fine, and that the original sentence was not proportionate to the offence or the circumstances of the applicant.

Court Disposition

sentence set aside and substituted with fine; default custodial sentence imposed

Orders

  • The sentence imposed on the applicant on November 11, 2022 is set aside.
  • The applicant is fined Kshs. 20,000.