[2018] KEHC 6161 (KLR)

[2018] KEHC 6161 (KLR)

The High Court found that the trial magistrate erred by imposing a blanket sentence for two distinct offences, contrary to the requirement that each count must attract its own sentence. Furthermore, the penalties applied were not in accordance with the Wildlife Conservation and Management Act, 2013, as the offences related to endangered species and thus attracted the enhanced penalty under Section 92. The court clarified that, despite the title of Section 92, it provides the applicable penalty for such offences. Taking into account the applicants' status as first offenders, the value of the trophies, and the need for deterrence, the court imposed a sentence of five years' imprisonment for...

Citation
[2018] KEHC 6161 (KLR)
Parties
Applicant: Peter Ekai Morungale; Applicant: Muthui Reuben Wachira; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 May 2018
Case Number
Criminal Revision 488 & 489 of 2018
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Outcome
Applications for revision allowed; sentences revised.
Legal Topics
Wildlife Offences, Sentencing Principles, Revision of Sentence
Source Language
English
Criminal Law Wildlife Offences Sentencing Principles Revision of Sentence

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Parties

Peter Ekai Morungale

Applicant

Muthui Reuben Wachira

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the trial court erred by imposing a blanket sentence for two distinct offences.
  2. 2 Whether the correct penalty provisions under the Wildlife Conservation and Management Act, 2013 were applied.
  3. 3 Whether the period spent in custody prior to conviction should be deducted from the sentence.

Ratio Decidendi

The High Court found that the trial magistrate erred by imposing a blanket sentence for two distinct offences, contrary to the requirement that each count must attract its own sentence. Furthermore, the penalties applied were not in accordance with the Wildlife Conservation and Management Act, 2013, as the offences related to endangered species and thus attracted the enhanced penalty under Section 92. The court clarified that, despite the title of Section 92, it provides the applicable penalty for such offences. Taking into account the applicants' status as first offenders, the value of the trophies, and the need for deterrence, the court imposed a sentence of five years' imprisonment for...

Court Disposition

Applications for revision allowed; sentences revised.

Orders

  • Each applicant is sentenced to five years' imprisonment on each count, sentences to run concurrently from the date of the original sentence.
  • The period of 1 year, 9 months, and 11 days already spent in custody shall be deducted from the sentence.