[2017] KEHC 1221 (KLR)

[2017] KEHC 1221 (KLR)

The court found that the Applicant had been convicted under the Wildlife Conservation and Management Act for entering Tsavo West National Park with livestock without authorisation. The original fine of Ksh 60,000/- was within the statutory limit but the Applicant demonstrated inability to pay, being without parents...

Source-derived case information.

Citation
[2017] KEHC 1221 (KLR)
Parties
Applicant: Mawa Sitaya; Respondent: State
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
20 December 2017
Case Number
Criminal Revision 13 of 2017
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
application for revision allowed; fine reduced
Judges
CM Kamau
Legal Topics
Wildlife Offences, Sentencing Revision, National Parks Regulation
Source Language
english
Criminal Law Environmental Law Wildlife Offences Sentencing Revision National Parks Regulation

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Summary, issues, holding and outcome

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Parties

Mawa Sitaya

Applicant

State

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the fine imposed on the Applicant for unlawfully entering a national park with livestock was excessive and warranted revision.
  2. 2 Whether the Applicant's inability to pay the fine justified a reduction under the applicable law.

Ratio Decidendi

The court found that the Applicant had been convicted under the Wildlife Conservation and Management Act for entering Tsavo West National Park with livestock without authorisation. The original fine of Ksh 60,000/- was within the statutory limit but the Applicant demonstrated inability to pay, being without parents and unable to raise the amount. The State did not oppose a reduction, suggesting Ksh 30,000/- as appropriate. The court noted that the default custodial sentence for non-payment of both Ksh 60,000/- and Ksh 30,000/- was three months, and found it just to reduce the fine to Ksh 30,000/- with the same default sentence, thereby granting the revision sought by the Applicant.

Court Disposition

application for revision allowed; fine reduced

Orders

  • The fine of Ksh 60,000/- and in default three months imprisonment imposed by the trial court is set aside and replaced with a fine of Ksh 30,000/- and in default, three months imprisonment.
  • The Applicant's application for revision is allowed.