[2024] KEHC 3849 (KLR)
The applicant was convicted on his own unequivocal plea of guilty for the offence of using plastic flat bags and plastic carrier bags, which is prohibited under the Environmental Management and Coordination Act and the relevant gazette notices. The court confirmed from the record that the applicant paid the fine of...
Source-derived case information.
- Citation
- [2024] KEHC 3849 (KLR)
- Parties
- Applicant: Douglas Mangira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 112 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application disposed; file closed.
- Judges
- DR Kavedza
- Legal Topics
- Plastic Bag Ban, Sentencing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Mangira
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for the use of plastic flat bags and plastic carrier bags contrary to the law.
- 2 Whether the sentence imposed was satisfied by payment of the fine.
Ratio Decidendi
The applicant was convicted on his own unequivocal plea of guilty for the offence of using plastic flat bags and plastic carrier bags, which is prohibited under the Environmental Management and Coordination Act and the relevant gazette notices. The court confirmed from the record that the applicant paid the fine of Kshs. 5,000 as ordered on 06/02/2024. Since the fine was paid, the custodial sentence in default did not arise, and the applicant should have been released from custody. There being no further issues for determination, the file was ordered closed.
Court Disposition
Application disposed; file closed.
Orders
- The applicant having paid the fine of Kshs. 5,000/=, the custodial sentence does not arise.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Mangira v Republic (Criminal Revision 112 of 2024) [2024] KEHC 3849 (KLR) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3849 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 112 of 2024
DR Kavedza, J
April 15, 2024
Between
Douglas Mangira
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicant was convicted on his own plea of guilty for the offense of using plastic flat bags and plastic carrier bags, contrary to a measure banning the use of plastic flat bags and plastic carrier bags prescribed under gazette notice No. 2356 and No. 2334 as read with section 140 (b) of the Environmental Management and Coordination Act No. 5 of 2015 Cap. 387 Laws of Kenya.
2. The applicant was sentenced to pay a fine of Kshs. 5,000/= and in default to serve 14 days imprisonment, with effect from 06/02/2024.
3. From the record, a fine of Kshs. 5,000/= was paid on 06/02/2024 by the applicant. Therefore, the applicant must have been released from custody by now.
4. File closed.Orders accordingly.
RULING DELIVERED THIS DAY 15TH DAY OF APRIL 2024. .......................D. KAVEDZAJUDGE