[2017] KEHC 872 (KLR)
The court found that the Applicant had been convicted for entering Tsavo West National Park with livestock without authorisation, contrary to the Wildlife Conservation and Management Act. The original fine of Ksh 60,000/- was considered excessive given the Applicant's inability to pay and the statutory maximum fine...
Source-derived case information.
- Citation
- [2017] KEHC 872 (KLR)
- Parties
- Applicant: Ndunyoli Lenduo; Respondent: State
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 12 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision allowed; sentence revised
- Judges
- CM Kamau
- Legal Topics
- Wildlife Offences, Sentencing Revision, National Parks, Illegal Grazing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndunyoli Lenduo
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the fine imposed on the Applicant was excessive in light of his circumstances and the statutory limits.
- 2 Whether the Applicant's lack of awareness of encroachment into Tsavo West National Park mitigates the offence.
- 3 Whether the sentence should be revised in accordance with the Wildlife Conservation and Management Act.
Ratio Decidendi
The court found that the Applicant had been convicted for entering Tsavo West National Park with livestock without authorisation, contrary to the Wildlife Conservation and Management Act. The original fine of Ksh 60,000/- was considered excessive given the Applicant's inability to pay and the statutory maximum fine of Ksh 100,000/-. The State did not oppose a reduction and suggested Ksh 30,000/-. The court determined that a fine of Ksh 30,000/-, with a default sentence of three months imprisonment, was appropriate and proportionate, taking into account the Applicant's circumstances and the statutory framework. The court thus set aside the original sentence and substituted it with the...
Court Disposition
application for revision allowed; sentence revised
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.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL REVISION NO 12 OF 2017
NDUNYOLI LENDUO.......................................APPLICANT
VERSUS
STATE..............................................................RESPONDENT
(From original conviction and sentence in Criminal Case Number 430 of 2017 in the Principal Magistrate’s Court at Taveta delivered by Hon G. K. Kimanga RM on 24th November 2017.
RULING
1. The court has looked at the Applicant’s application for Revision dated 30th November 2017 and filed on 8th December 2017 in which he has sought a revision of the fine from Ksh 60,000/-. Miss Anyumba for the State was not opposed to a reduction of the fine but proposed that the court gives him Ksh 30,000/- and not Ksh 10,000/- as the Applicant had sought.
2. The Applicant was found with eight hundred (800) cattle in the Tsavo National Park but he has indicated that he was not aware that he had encroached into the Tsavo West National Park. Section 102(2) of the Wildlife Conservation and Management Act No 47 of 2013 stipulates that anyone who enters into a national park with livestock for any purpose without authorisation commits an offence. Section 202(3) of the said Act provides that if a person contravenes Section 102(2) of the Act, he is liable upon conviction to a fine not exceeding one hundred thousand shillings or to imprisonment not exceeding six (6) months.
3. As the Applicant is completely unable to raise a fine of Ksh 60,000/- as his father was deceased and the default sentence for failure to pay the fine had been fixed at three (3) months which was the same default sentence of failing to pay a fine of Ksh 30,000/-, This court hereby direct as follows:-
a. The fine of Ksh 60,000/- and in default three (3) months imprisonment that was meted upon the Applicant by Hon G K Kimanga, Learned Trial Magistrate on 24th November 2017 is hereby set aside and/or vacated and replaced with a fine of Ksh 30,000/- and in default, the Applicant to serve three (3) months imprisonment.
b. The Applicant’s application for Revision dated 30th November 2017 and filed on 8th December 2017 is therefore successful and the same is allowed.
c. It is so ordered.
DATED and DELIVERED at VOI this 20th day of December 2017
J. KAMAU
JUDGE
In the presence of:-
Ndunyoli Lenduo - Applicant
Miss Anyumba - for State
Susan Sarikoki – Court Clerk