[2017] KEHC 730 (KLR)
The trial court erred in imposing a fine below the statutory minimum prescribed by section 97 of the Wildlife Conservation and Management Act, 2013. The law mandates a minimum fine of Kshs. 30,000 or a minimum imprisonment term of six months for the offence of subsistence hunting. The sentence of Kshs. 15,000 fine...
Source-derived case information.
- Citation
- [2017] KEHC 730 (KLR)
- Parties
- Appellant: Republic; Respondent: Hamound Rashid Azzan; Respondent: Muhamed Mashan Ahmed
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 48 of 2016
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- sentence set aside and substituted with statutory minimum
- Judges
- CC Kipkorir
- Legal Topics
- Sentencing Principles, Wildlife Offences, Minimum Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Hamound Rashid Azzan
Respondent
Muhamed Mashan Ahmed
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was lawful under section 97 of the Wildlife Conservation and Management Act, 2013.
- 2 Whether the minimum sentence for subsistence hunting was properly applied.
Ratio Decidendi
The trial court erred in imposing a fine below the statutory minimum prescribed by section 97 of the Wildlife Conservation and Management Act, 2013. The law mandates a minimum fine of Kshs. 30,000 or a minimum imprisonment term of six months for the offence of subsistence hunting. The sentence of Kshs. 15,000 fine was therefore unlawful. The High Court set aside the sentence and substituted it with the lawful minimum sentence as required by statute.
Court Disposition
sentence set aside and substituted with statutory minimum
Orders
- The sentence imposed by the trial court is set aside.
- Each respondent shall pay a fine of Kshs. 30,000 or in default serve six months imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MALINDI
CRIMINAL REVISION CASE NO.48 OF 2016
REPUBLIC.................................................APPELLANT
-VERSUS-
HAMOUND RASHID AZZAN &
MUHAMED MASHAN AHMED.......RESPONDENTS
REVISION
The accused were charged with the offence subsistence hunting contrary to section 97 of the Wildlife Conservation and Management Act number 47 of 2013. They pleaded guilty to the charge. The trial court convicted the accused on their own plea of guilty and sentenced them to each pay a fine of ksh.15,000/= in default to serve six (6) months imprisonment.
The prosecution was not satisfied with the sentence. It filed the current Revision indicating that the minimum sentence under section 97 of the Act is a fine of ksh.30,000/= or six (6) months imprisonment. The prosecution's position is that the sentence is unlawful.
Section 97 of the Wildlife Conservation and Management Act 2013 provides as follows;-
“A person who engages in hunting for the purposes of subsistence commits an offence and shall be liable on conviction to a fine of not less than thirty thousand (or an imprisonment for a term of not less than six months or both such fine and imprisonment”.
According to the above section, the fine should not be less than kshs.30,000/=. That is the minimum. In my view that sentence is not excessive. I do agree with the prosecution that the correct sentence was a fine of kshs.30,000/= or six (6) months imprisonment in default.
I do hereby set aside the sentence imposed by the trial court and replace it with a fine of kshs.30,000/= each in default six (6) months imprisonment.
SAID CHITEMBWE
JUDGE
Dated, signed and delivered at Malindi this 20th day of September, 2017
WILDON KORIR
JUDGE