[2020] KEHC 6856 (KLR)

[2020] KEHC 6856 (KLR)

The trial court imposed a default sentence of three years imprisonment for non-payment of a fine of Kshs.200,000, contrary to Section 28(2) of the Penal Code, which limits such default sentences to a maximum of 12 months. The High Court, upon revision, found the default sentence illegal and substituted it with a...

Source-derived case information.

Citation
[2020] KEHC 6856 (KLR)
Parties
Applicant: Napiliyo Lenguuto; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 87B of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
Default sentence set aside and substituted with 12 months imprisonment from 16.12.19.
Legal Topics
Sentencing, Default Sentence, Penal Code Section 28, Illegal Sentence, Revision of Sentence
Source Language
en
Criminal Law Sentencing Default Sentence Penal Code Section 28 Illegal Sentence Revision of Sentence

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Summary, issues, holding and outcome

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Parties

Napiliyo Lenguuto

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the default sentence imposed by the trial court exceeded the legal maximum under Section 28(2) of the Penal Code.
  2. 2 Whether the default sentence should be revised to comply with the law.

Ratio Decidendi

The trial court imposed a default sentence of three years imprisonment for non-payment of a fine of Kshs.200,000, contrary to Section 28(2) of the Penal Code, which limits such default sentences to a maximum of 12 months. The High Court, upon revision, found the default sentence illegal and substituted it with a lawful term of 12 months imprisonment from the date of the original sentence. The court's intervention was necessary to ensure compliance with statutory sentencing limits and to correct an illegality apparent on the face of the record.

Court Disposition

Default sentence set aside and substituted with 12 months imprisonment from 16.12.19.

Orders

  • The default sentence of three years imprisonment is set aside.
  • A term of 12 months imprisonment from 16.12.19 is substituted as the default sentence.