[2019] KEHC 9037 (KLR)
The trial court imposed a default sentence of twelve months imprisonment for failure to pay a fine of KES 30,000. Section 28 of the Penal Code limits the default sentence for such a fine to a maximum of six months. The sentence imposed was therefore unlawful. The High Court, exercising its revisionary jurisdiction,...
Source-derived case information.
- Citation
- [2019] KEHC 9037 (KLR)
- Parties
- Applicant: Republic; Respondent: Dickson Keshei
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 50 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- sentence quashed; respondent to be set free unless otherwise lawfully held
- Legal Topics
- Sentencing Procedure, Default Sentences, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Dickson Keshei
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of twelve months imprisonment for failure to pay a fine of KES 30,000 was lawful under section 28 of the Penal Code.
- 2 Whether the sentence imposed by the trial court should be revised or quashed.
Ratio Decidendi
The trial court imposed a default sentence of twelve months imprisonment for failure to pay a fine of KES 30,000. Section 28 of the Penal Code limits the default sentence for such a fine to a maximum of six months. The sentence imposed was therefore unlawful. The High Court, exercising its revisionary jurisdiction, quashed the entire sentence. The court further ordered that if the fine had been paid, it should be refunded, and that the respondent be set free unless otherwise lawfully held, as the period already served in prison was deemed sufficient to meet the ends of justice.
Court Disposition
sentence quashed; respondent to be set free unless otherwise lawfully held
Orders
- The entire sentence is quashed.
- If the fine was paid, it should be refunded.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL REVISION NO. 50 OF 2018
REPUBLIC.....................................................APPLICANT
-VERSUS-
DICKSON KESHEI..................................RESPONDENT
(Being revision from the original conviction and sentence
dated 3rd April 2018in Criminal Case No. 790 of 2017in the
Chief Magistrate Court of Narok,Republic V. Dickson Keshei).
ORDER ON REVISION
1. This matter has been reported to this court for revision by Hon. Chief Magistrate W. Juma, pursuant to her powers under section 363 of the Criminal Procedure Code (Cap 75. ) Laws of Kenya.
2. The basis of the report is that the sentence of a fine shs.30,000/= in default to serve twelve months imprisonment is not in accordance with the provisions of section 28 of the Penal Code (Cap 63) Laws of Kenya.
3. The provisions of that section direct that the default sentence of imprisonment of six months is to be imposed where the sentence of a fine is between Shs.15,000/= and shs.50,000/=
4. In the instant case, the trial court imposed a sentence of fine of Shs.30,000/= in default to serve twelve months imprisonment. It is clear therefore that the default sentence of twelve months imprisonment is unlawful.
5. The upshot of the foregoing is that the entire sentence is hereby quashed.
6. If the fine was paid, it should be refunded. Since the ends of justice have been met by the period the respondent has been in prison. He is therefore ordered to be set free unless otherwise held on other lawful warrants.
Order dated and signed at Narok this 28th day of January, 2019.
J. M. Bwonwonga
Judge
28/1/2019