[2016] KEHC 3337 (KLR)

[2016] KEHC 3337 (KLR)

The court found that the appellant's plea was unequivocal, taken with the assistance of an interpreter in a language he understood, and that the plea-taking procedure was properly followed. However, the trial magistrate erred in imposing a default custodial sentence of two years for non-payment of the fine, as the enabling statute did not specify a default term. The Penal Code's scale should have been applied, resulting in a maximum default sentence of 12 months per count. The appeal therefore succeeded only to the extent of reducing the default custodial sentence from two years to 12 months on each count, should the appellant fail to pay the fines imposed.

Citation
[2016] KEHC 3337 (KLR)
Parties
Appellant: Michael Eipa; Respondent: Republic
Court
High Court
Court Station
High Court at Marsabit
Jurisdiction
Kenya
Judgment Date
8 September 2016
Case Number
Criminal Appeal 36 of 2015
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed in part; default custodial sentence reduced.
Judges
KW Kiarie
Legal Topics
Wildlife Offences, Plea Procedure, Sentencing Guidelines, Default Sentences
Source Language
English
Criminal Law Environmental Law Wildlife Offences Plea Procedure Sentencing Guidelines Default Sentences

Case Brief

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Parties

Michael Eipa

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the plea of guilty was unequivocal.
  2. 2 Whether the plea was taken in a language the appellant understood.
  3. 3 Whether the procedure for taking plea was adhered to.

Ratio Decidendi

The court found that the appellant's plea was unequivocal, taken with the assistance of an interpreter in a language he understood, and that the plea-taking procedure was properly followed. However, the trial magistrate erred in imposing a default custodial sentence of two years for non-payment of the fine, as the enabling statute did not specify a default term. The Penal Code's scale should have been applied, resulting in a maximum default sentence of 12 months per count. The appeal therefore succeeded only to the extent of reducing the default custodial sentence from two years to 12 months on each count, should the appellant fail to pay the fines imposed.

Court Disposition

Appeal allowed in part; default custodial sentence reduced.

Orders

  • The default custodial sentence for non-payment of the fine on each count is set aside and substituted with a term of 12 months' imprisonment per count.