[2023] KEHC 56 (KLR)
The court found that after revising the penalty imposed on the applicant by setting aside the original fine of Kshs 100,000/= and substituting it with a fine of Kshs 10,000/=, the applicant had already paid the higher, illegal fine. Since no order for refund had been made previously, and the excess payment was not...
Source-derived case information.
- Citation
- [2023] KEHC 56 (KLR)
- Parties
- Applicant: George Otieno Obare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E091 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for refund of excess fine allowed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Illegal Fine, Refund of Fine
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Otieno Obare
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a refund of the excess fine paid after the court revised the penalty imposed.
- 2 Whether the original fine imposed was illegal and if the court should order a refund.
Ratio Decidendi
The court found that after revising the penalty imposed on the applicant by setting aside the original fine of Kshs 100,000/= and substituting it with a fine of Kshs 10,000/=, the applicant had already paid the higher, illegal fine. Since no order for refund had been made previously, and the excess payment was not lawfully due, the court held that the applicant was entitled to a refund of the excess amount. The refund is to be made upon production of the original court fines receipt, and the payment is to be made in the name of the payor/depositor. This decision is grounded in the principle that no person should be deprived of property except in accordance with the law, and that courts...
Court Disposition
application for refund of excess fine allowed
Orders
- The convict George Otieno Obare shall be refunded excess fine of Kshs 100,000/= paid into court vide Ukwala PM Cr Case No 611/2019 upon his production of the original court fines receipt.
- The refund shall be made in the name of the payor/depositor, forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
Obare v Republic (Criminal Revision E091 of 2021) [2023] KEHC 56 (KLR) (16 January 2023) (Ruling)
Neutral citation: [2023] KEHC 56 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E091 of 2021
RE Aburili, J
January 16, 2023
Between
George Otieno Obare
Applicant
and
Republic
Respondent
(Being an Application for sentence revision from conviction and sentence in Ukwala PM’s Criminal Case No. 611 of 2019 by Hon. C.I. Agutu, Senior Resident Magistrate on 27. 09. 2021)
Ruling
1. I have read the letter dated May 30, 2022 but filed in this court on January 16, 2023 on the above subject, but the convict’s counsel, Mr Okutta.
2. I note that the court revised the penalty imposed on the convict George Otieno Obare by setting aside the fine of Kshs 100,000/= and substituting it with a fine of Kshs 10,000/=. The convict has paid a fine of Kshs 100,000/= which was illegal. However, no order for refund of the excess fine was made.
3. I hereby order that the convict George Otieno Obare shall be refunded excess fine of Kshs 100,000/= paid into court vide Ukwala PM Cr Case No 611/2019 upon his production of the original court fines receipt and the refund shall be made in the name of the payor/depositor, forthwith.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF JANUARY, 2023R.E. ABURILIJUDGE