[2020] KEHC 4222 (KLR)
The High Court found that the default sentence of four months imprisonment imposed by the trial court for non-payment of a fine of Kshs.10,000 was illegal, as Section 28(2) of the Penal Code limits such default sentences to a maximum of three months for fines not exceeding Kshs.15,000. The court exercised its...
Source-derived case information.
- Citation
- [2020] KEHC 4222 (KLR)
- Parties
- Applicant: Paul Chege Njoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 115 of 2020
- Procedural Posture
- Criminal Revision / Order in Revision
- Outcome
- sentence revised
- Legal Topics
- Sentencing Illegality, Default Sentence, Forest Offences, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Chege Njoki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order in Revision
Legal Issues
- 1 Whether the default sentence imposed by the trial court exceeded the statutory maximum for the offence charged.
- 2 Whether the sentence should be revised to comply with the law.
Ratio Decidendi
The High Court found that the default sentence of four months imprisonment imposed by the trial court for non-payment of a fine of Kshs.10,000 was illegal, as Section 28(2) of the Penal Code limits such default sentences to a maximum of three months for fines not exceeding Kshs.15,000. The court exercised its revisionary jurisdiction to set aside the illegal sentence and substitute it with the lawful maximum of three months imprisonment. The revision was limited strictly to correcting the illegality in the sentence, with all other aspects of the conviction and sentence remaining undisturbed.
Court Disposition
sentence revised
Orders
- The default sentence of four months imprisonment is set aside and substituted with three months imprisonment.
- The sentence is interfered with only to the limited extent of correcting the default sentence.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.115 OF 2020
(From Original Conviction and Sentence in Nanyuki Criminal Case No.299 of 2020)
PAUL CHEGE NJOKI............................APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
13/07/2020
Coram: Before Waweru, J
(In chambers)
ORDER IN REVISION
1. Upon application by the convict herein, PAUL CHEGE NJOKI, I have called for and examined the record of the trial court in respect to the sentence.
2. The convict was convicted upon his own plea of illegal cutting and removal of forest produce C/S 64(1) & (2) of the Forest Conservation and Management Act, No.34 of 2016.
On 15/04/2020 he was sentenced to a fine of Kshs.10,000/00 and in default to serve four (4) months imprisonment. He did not pay the fine and is now serving the default sentence.
3. The default sentence is illegal. It should not have exceeded three (3) months imprisonment for a fine not exceeding Kshs.15,000/00. See Section 28(2) of the Penal Code.
4. I will therefore set aside the default sentence of 4 months imprisonment and substitute therefor a three (3) months imprisonment.
5. To that limited extent only is the sentence interfered with. It is so ordered.
GIVEN under my hand and seal of this Honourable Court this 13th day of July 2020
H.P.G. WAWERU
JUDGE.
ISSUED at NANYUKI this 14th day of July 2020.
DEPUTY REGISTRAR
NANYUKI HIGH COURT