https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10523

Koech v Republic (Criminal Revision E065 of 2025) [2026] KEHC 10523 (KLR) (15 July 2026) (Revision) Neutral citation: [2026] KEHC 10523 (KLR) Republic of Kenya In the High Court at Nakuru Criminal Revision E065 of 2025 JK Sergon, J July 15, 2026 Between Sammy Koech Applicant and Republic Respondent Revision 1.Proceedings relating to Nakuru Chief Magistrate Criminal Case No. E912 of 2025 were placed before this court for perusal and examination under section 362 of the Criminal Procedure Code. 2.Under the aforesaid provision this court is entitled to examine proceedings before any subordinate court for purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed as to the regularity of any proceedings of any such subordinate court. 3.In exercise of this court’s supervisory power of revision, this court proceeded to examine the aforesaid proceedings. 4.The record indicates that Moses Wechuli Mudavadi and Sammy Koech the applicant herein were arraigned before the Chief Magistrate’s Court on a charge of two counts. 5.In the first count the duo faced a charge of entering a protected area without a permit or any other lawful exemption contrary to section 123(1) (a) as read with section 102(1) of the Wildlife Conservation and Management Act Cap 375 Laws of Kenya. 6.In Count II the duo faced a charge of undertaking extractive activity in a national park without the permit or any other lawful exemption contrary to section 102(1)(g) as read with Section 102(1) (h) of the Wildlife Conservation and Management Act Cap 376 Laws of Kenya. 7.The applicant pleaded guilty in both counts and was consequently convicted and sentenced to pay a fine of Ksh 200,000/= in each count in default to serve two years imprisonment. It would appear the sentences were ordered/directed to run consecutively. 8.In the application for revision, it is argued that the applicant was said to be a first offender and that in his mitigation he beseeched the sentencing court to be lenient to him but it would appear the court did not give him that benefit. 9.According to the applicant, the sentence imposed on him appears to be harsh. Miss Anyumba learned Principal Prosecution Counsel is of the view that the default sentences should have been ordered to run concurrently as opposed to run consecutively. 10.The records shows that the accused persons were each sentenced to a fine of Ksh 200,000/= in each count. 11.It is not in dispute that the accused persons were each sentenced to a fine of Ksh 200,000/= on each count and in default to serve 2 years imprisonment. 12.I have perused section 102(1) h of the Wildlife Conservation and Management Act and it is clear that the law provides for a sentence of a fine of not less that Ksh 200,000 or to imprisonment of not less than 2 years or to both fine and imprisonment. 13.Under section 28(2) of Penal Code clearly specifies that the maximum default sentence in respect of a fine exceeding Ksh 50,000/= is twelve (12) months. In this case the trial court imposed a default sentence of 2 years. This is way above what the law prescribes. 14.In the circumstances of this court is entitled to interfere with the default sentence imposed in exercise of its supervisory power of revision. I am in agreement with the submissions of Miss Anyumba, learnt Principal Prosecution Counsel that the default sentences should run concurrently and not consecutively. 15.In the end the default sentence of 2 years is set aside and is substituted with 12 months. The default sentences to run concurrently as from the date of sentence ie 5th May, 2025. 16.The record shows that the applicants have been serving the two (2) years default sentences. It is clear that the applicant namely Sammy Koech has served the default sentences in full. Consequently, he is hereby ordered set free forthwith. DATED, SIGNED AND DELIVERED THIS 15TH DAY OF JULY, 2026 AT NAKURU.J. K. SERGONJUDGEIn presence of:Jamleck/Ruto C/AMiss Anyumba for the StateApplicant, Present in person