[2020] KEHC 6850 (KLR)

[2020] KEHC 6850 (KLR)

The High Court found that the default sentence of 1 ½ years imprisonment imposed for non-payment of a fine of Kshs.80,000 was illegal because Section 28(2) of the Penal Code limits the default imprisonment for fines exceeding Kshs.50,000 to a maximum of twelve months. The court exercised its revisionary jurisdiction to set aside the illegal sentence and substituted it with a lawful sentence of twelve months imprisonment in default of payment of the fine. The revision was limited strictly to correcting the illegality in the default sentence, with no interference in the substantive conviction or the fine imposed.

Citation
[2020] KEHC 6850 (KLR)
Parties
Applicant: Samwel Gituma; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Judgment Date
8 April 2020
Case Number
Criminal Revision 56 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
Default sentence revised; substituted with lawful term.
Legal Topics
Sentencing, Default Sentence, Energy Act Offences, Penal Code Application
Source Language
English
Criminal Law Sentencing Default Sentence Energy Act Offences Penal Code Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Samwel Gituma

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the default sentence imposed for non-payment of a fine exceeding Kshs.50,000 was lawful under Section 28(2) of the Penal Code.
  2. 2 Whether the sentence should be revised to comply with statutory limits.

Ratio Decidendi

The High Court found that the default sentence of 1 ½ years imprisonment imposed for non-payment of a fine of Kshs.80,000 was illegal because Section 28(2) of the Penal Code limits the default imprisonment for fines exceeding Kshs.50,000 to a maximum of twelve months. The court exercised its revisionary jurisdiction to set aside the illegal sentence and substituted it with a lawful sentence of twelve months imprisonment in default of payment of the fine. The revision was limited strictly to correcting the illegality in the default sentence, with no interference in the substantive conviction or the fine imposed.

Court Disposition

Default sentence revised; substituted with lawful term.

Orders

  • The default sentence of 1 ½ years imprisonment is set aside and substituted with twelve (12) months imprisonment in default of payment of the fine.