[2017] KEHC 3128 (KLR)
The trial court imposed a sentence of a fine of Ksh. 200,000 in default two years imprisonment, which is the minimum prescribed by Section 102(1)(h) of the Wildlife Conservation and Management Act 2013. The appellant pleaded guilty and his mitigation was considered, but the law provides for a mandatory minimum...
Source-derived case information.
- Citation
- [2017] KEHC 3128 (KLR)
- Parties
- Appellant: Solomon Kabuthu Zacharia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Guidelines, Wildlife Offences, Plea of Guilty, Statutory Minimum Sentences
- 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
Solomon Kabuthu Zacharia
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed by the trial court was lawful and appropriate under the Wildlife Conservation and Management Act 2013.
- 2 Whether the appellant's mitigation as a first offender and family circumstances warranted interference with the sentence.
Ratio Decidendi
The trial court imposed a sentence of a fine of Ksh. 200,000 in default two years imprisonment, which is the minimum prescribed by Section 102(1)(h) of the Wildlife Conservation and Management Act 2013. The appellant pleaded guilty and his mitigation was considered, but the law provides for a mandatory minimum sentence. The appellate court found that the trial court was faithful to the statutory provisions and that there was no basis to interfere with the sentence. The appeal against sentence was therefore dismissed and the sentence confirmed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
- The sentence of the trial court is confirmed.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL APPEAL NO. 6 OF 2017
SOLOMON KABUTHU ZACHARIA..................APPELLANT
Versus
REPUBLIC........................................................RESPONDENT
(Being an appeal from the original conviction and sentence
by Hon. W J GichimuPrincipal Magistrate dated 14th November 2016
in NanyukiChief Magistrate Court Criminal CaseNo. 1021 of 2016)
JUDGMENT
1. KABUTHU ZACHARIAwas convicted before the Nanyuki Chief Magistrate’s court on his own plea of guilty to a charge of carrying out logging within a National Park contrary to Section 102 (1) (c) of the Wildlife Conservation and Management Act 2013. After the trial court received his mitigation it sentenced him to pay a fine of Ksh. 200,000 in default to serve 2 years imprisonment. What he logged in the National Park and was produced before the trial court were four posts of cedar wood.
2. Kabuthu has filed an appeal before this court against his sentence. In his appeal he relied on his written submissions to the effect that the was a first time offender, a family man of three children, his wife passed away while he was serving his sentence, and that the children are being looked after by his father.
3. The appeal was opposed by the Principal Prosecution Counsel Mr. Tanui. His opposition was based on the ground that the trial court’s sentence was as provide in the statute.
4. Section 102 (1) (h) provides the sentence of one convicted of an offence such as the appellant is liable on conviction to a fine of not less than two hundred thousand or to imprisonment of not less than two years or to both. Bearing those provisions I am inclined to agree with the submissions of the Learned Counsel Mr. Tanui. That is the trial court in sentencing the appellant was faithful to the provisions of the Wildlife Conservations and Management Act 2013. The trial court’s sentence therefore cannot be faulted.
5. It is because of the above finding that this appeal against sentence is dismissed.The trial court’s sentence is confirmed.
Dated and Delivered at Nanyuki this 4th October 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Accused: Solomon KabuthuZacharia
For state: ………………………………
Language …………………………………
COURT
Judgment delivered in open court
MARY KASANGO
JUDGE