[2020] KEHC 6847 (KLR)

[2020] KEHC 6847 (KLR)

The trial court imposed a default sentence of 2 ½ years imprisonment for non-payment of a fine of Kshs.100,000 for the offence of assault causing actual bodily harm. Section 28(2) of the Penal Code prescribes the maximum period of imprisonment that may be imposed in default of payment of a fine, which in this case...

Source-derived case information.

Citation
[2020] KEHC 6847 (KLR)
Parties
Applicant: Simon Murimi Githaiga; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Criminal Revision 26 of 2020
Procedural Posture
Criminal Revision / Order on Revision
Outcome
Default sentence set aside and substituted with lawful sentence.
Legal Topics
Sentencing Illegality, Default Sentence, Assault Actual Bodily Harm
Source Language
en
Criminal Law Sentencing Illegality Default Sentence Assault Actual Bodily Harm

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Parties

Simon Murimi Githaiga

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order on Revision

Legal Issues

  1. 1 Whether the default sentence imposed by the trial court exceeded the statutory maximum under Section 28(2) of the Penal Code.
  2. 2 Whether the sentence should be revised to comply with the law.

Ratio Decidendi

The trial court imposed a default sentence of 2 ½ years imprisonment for non-payment of a fine of Kshs.100,000 for the offence of assault causing actual bodily harm. Section 28(2) of the Penal Code prescribes the maximum period of imprisonment that may be imposed in default of payment of a fine, which in this case should not have exceeded 12 months. The sentence imposed by the trial court was therefore illegal. The High Court, exercising its revisionary jurisdiction, set aside the illegal default sentence and substituted it with a lawful sentence of twelve (12) months imprisonment effective from the date of the original sentence.

Court Disposition

Default sentence set aside and substituted with lawful sentence.

Orders

  • The default sentence of 2 ½ years imprisonment is set aside.
  • The applicant shall serve twelve (12) months imprisonment in default of payment of the fine, effective from 21.01.2020.