[2020] KEHC 4373 (KLR)
The High Court found that while the offence of illegal cutting and removal of forest produce is serious, the default custodial sentence of six months for non-payment of the fine was slightly excessive in the context of the COVID-19 pandemic. The court exercised its revisionary powers to reduce the default sentence...
Source-derived case information.
- Citation
- [2020] KEHC 4373 (KLR)
- Parties
- Applicant: Silas Muriithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 119 of 2020
- Procedural Posture
- Criminal Revision / Order in Revision
- Outcome
- sentence varied in part; application for further revision refused
- Legal Topics
- Sentencing Revision, Illegal Forest Produce, Default Sentence, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Silas Muriithi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order in Revision
Legal Issues
- 1 Whether the default custodial sentence imposed for non-payment of fine was excessive in the circumstances.
- 2 Whether the sentence should be revised in light of the COVID-19 pandemic.
Ratio Decidendi
The High Court found that while the offence of illegal cutting and removal of forest produce is serious, the default custodial sentence of six months for non-payment of the fine was slightly excessive in the context of the COVID-19 pandemic. The court exercised its revisionary powers to reduce the default sentence to four months imprisonment, thereby balancing the seriousness of the offence with the need to decongest prisons during the pandemic. The fine of Kshs.20,000 remained unchanged, and the application for further revision was otherwise refused.
Court Disposition
sentence varied in part; application for further revision refused
Orders
- The default sentence of six months imprisonment is set aside and substituted with four months imprisonment.
- The application for further revision is refused.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.119 OF 2020
(From Original Conviction and Sentence in Nanyuki Criminal Case No.438 of 2020)
SILAS MURIITHI.......................................................................................APPLICANT
VERSUS
REPUBLIC................................................................................................RESPONDENT
13/07/2020
Coram: Before Waweru, J
(In chambers)
ORDER IN REVISION
1. At the request of the convict herein, SILAS MURIITHI, I have called for and examined the record of the trial court in respect to the sentence.
2. The convict was convicted upon his own plea of illegal cutting and removal of forest produce S/C 64(1) & (2) of the Forest Conservation and Management Act, No.3 of 2016.
On 14/05/2020 the convict was sentenced to a fine of Kshs.20,000/00 and in default of payment to serve six (6) months imprisonment. He did not pay the fine and is serving the default sentence.
3. Considering the seriousness of the offence, I will only slightly reduce the default sentence to enable the convict to go home earlier than he otherwise would in these Coronavirus (COVID-19) times. The application or revision is therefore refused. It is so ordered.
4. I will set aside the default sentence of six (6) months imprisonment and substitute four (4) months imprisonment.
5. To that limited extent only is the sentence interfered with. It is so ordered.
GIVEN under my hand and seal of this Honourable Court this 13th day of July 2020
H.P.G. WAWERU
JUDGE.
ISSUED at NANYUKI this 14th day of July 2020.
DEPUTY REGISTRAR
NANYUKI HIGH COURT