[2019] KEHC 8961 (KLR)
The trial court imposed a default sentence of twelve months imprisonment for failure to pay a fine of KES 30,000. However, 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. Exercising its revisionary powers under section...
Source-derived case information.
- Citation
- [2019] KEHC 8961 (KLR)
- Parties
- Applicant: Emanuel Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision Revision of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- sentence quashed; respondent set at liberty 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
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Parties
Emanuel Bett
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the default sentence of twelve months imprisonment imposed for failure to pay a fine of KES 30,000 was lawful under 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. However, 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. Exercising its revisionary powers under section 363 of the Criminal Procedure Code, the High Court quashed the entire sentence and ordered a refund of any fine paid, setting the respondent at liberty unless otherwise lawfully held.
Court Disposition
sentence quashed; respondent set at liberty unless otherwise lawfully held
Orders
- The entire sentence imposed by the trial court is quashed.
- If the fine was paid, it should be refunded.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL REVISION NO. 23 OF 2O18
REPUBLIC...........RESPONDENT
VERSUS
EMANUEL BETT ....APPLICANT
(From The Original Conviction And Sentence In Cr. Case No. 1218 Of 2017 In The Chief Magistrate’s Court At Narok, R. V. Emanuel Bett)
RULING
1. Her honour, Wilbroda Juma, has reported the above matter to this court for revision 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 trial court sentenced the respondent to a fine of shs.30,000/= in default to serve twelve months imprisonment in respect of the offence of stealing one hoofer make tagwood valued at Shs.6,800/=
3. Section 28 of the Penal Code (Cap 63) Laws of Kenya provides for a default sentence of six months imprisonment for a fine that is between shs.15,000/= and Shs.50,000/=.
4. It therefore follows that the default sentence of twelve months that was imposed upon the respondent was unlawful.
5. The upshot of the foregoing is that the entire sentence is hereby quashed. If the fine was paid, it should be refunded.
6. The respondent is hereby set free unless he is held on other lawful warrants.
Order dated and signed at Narok this 30th day of January, 2019
J. M. Bwonwonga
JUDGE
30/1/2019