[2019] KEHC 9038 (KLR)
The High Court found that the sentence imposed by the Chief Magistrate's Court, specifically the default sentence of six months' imprisonment for non-payment of a fine of KES 10,000, was unlawful as it contravened section 28 of the Penal Code, which prescribes a maximum default sentence of three months for such...
Source-derived case information.
- Citation
- [2019] KEHC 9038 (KLR)
- Parties
- Applicant: Republic; Respondent: Leonard Ngetich
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 25 of 2018
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- sentence set aside; fine to be refunded if paid
- Legal Topics
- Sentencing, Revision of Sentence, Default Sentence, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Leonard Ngetich
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the default sentence of six months imposed for non-payment of a fine was lawful under section 28 of the Penal Code.
- 2 Whether the sentence should be revised to comply with statutory requirements.
Ratio Decidendi
The High Court found that the sentence imposed by the Chief Magistrate's Court, specifically the default sentence of six months' imprisonment for non-payment of a fine of KES 10,000, was unlawful as it contravened section 28 of the Penal Code, which prescribes a maximum default sentence of three months for such fines. Exercising its revisionary jurisdiction under section 363 of the Criminal Procedure Code, the court set aside the entire sentence and ordered a refund of the fine if it had already been paid. The decision was based on the need to ensure that sentences conform strictly to statutory requirements.
Court Disposition
sentence set aside; fine to be refunded if paid
Orders
- The entire sentence imposed upon the respondent is set aside.
- If the fine was paid, it should be refunded.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL REVISION NO. 25 OF 2018
REPUBLIC.................................................APPLICANT
-VERSUS-
LEONARD NGETICH.........................RESPONDENT
(Being revision from the original conviction and sentence dated 3rd April 2018 in Criminal Case No. 1422 of 2017 in the Chief Magistrate’s Court at Narok, Republic V. Leonard Ngetich).
ORDER ON REVISION
1. Her honour, Wilbrodah Juma, the chief magistrate has reported this 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 sentence of a fine of shs.10,000/= in default to serve six months that was imposed upon the respondent was not in accordance with the provisions of section 28 of the Penal Code (Cap 63) Laws of Kenya. These provisions direct a court to impose a default sentence of imprisonment of three months and not six months.
3. I therefore set aside the entire sentence imposed upon the respondent.
4. If the fine was paid, it should be refunded.
5. It is so ordered.
Order dated and signed this 30th day of January, 2019
J. M. Bwonwonga
JUDGE
30/1/2019