[2020] KEHC 4625 (KLR)
The court found that the trial court imposed an unlawful default sentence of 18 months imprisonment for failure to pay a fine of Kshs.50,000, contrary to Section 28(2) of the Penal Code, which limits the default custodial sentence to a maximum of six months for such fines. The High Court exercised its revisionary...
Source-derived case information.
- Citation
- [2020] KEHC 4625 (KLR)
- Parties
- Applicant: Peter Wachira Ndirangu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 110 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Default sentence revised; substituted with lawful maximum.
- Legal Topics
- Sentencing, Default Sentence, Stealing Goods, Penal Code Section 279d
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Wachira Ndirangu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of 18 months imprisonment for failure to pay a fine of Kshs.50,000 was lawful under the Penal Code.
- 2 What is the correct default sentence for a fine not exceeding Kshs.50,000 under Kenyan law.
Ratio Decidendi
The court found that the trial court imposed an unlawful default sentence of 18 months imprisonment for failure to pay a fine of Kshs.50,000, contrary to Section 28(2) of the Penal Code, which limits the default custodial sentence to a maximum of six months for such fines. The High Court exercised its revisionary jurisdiction to set aside the illegal sentence and substitute it with the lawful maximum of six months imprisonment in default of payment of the fine. The substantive sentence of a fine of Kshs.50,000 remained unaffected; only the default custodial term was revised to comply with statutory limits.
Court Disposition
Default sentence revised; substituted with lawful maximum.
Orders
- The default sentence of 18 months imprisonment is set aside and substituted with six months imprisonment in default of payment of the fine.
- The sentence is otherwise unaffected.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.110 OF 2020
PETER WACHIRA NDIRANGU.......................................APPLICANT
VERSUS
REPUBLIC........................................................................RESPONDENT
(Revision of the Original conviction and Sentence in Nanyuki Criminal Case No.586 of 2020 – L. MUTAI - CM)
25. 06. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
1. Upon request by the convict herein, PETER WACHIRA NDIRANGU, I have called for and examined the record of the trial court with regard to sentence.
2. The Convict was convicted upon his own plea of Stealing Goods forming part of the Railway contrary to Section 279(d) of the Penal Code. On 04/06/2020 he was sentenced to pay a fine of Kshs.50,000/00 and in default to serve 18 months imprisonment.
3. The default sentence is clearly unlawful for a fine not exceeding Kshs.50,000/00 the default sentence should not exceed six (6) months imprisonment. See Section 28(2) of the Penal Code.
4. In the circumstances, I will set aside the default sentence of 18months imprisonment and substitute therefor six (6) months imprisonment. It is so ordered.
5. To that limited extent only is the sentence affected.
Dated at Nanyuki this 25th day of June 2020.
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT