[2020] KEHC 4338 (KLR)
The High Court found that the default sentence of twelve months imprisonment imposed by the trial court for failure to pay a fine of Kshs.50,000 was illegal, as Section 28(2) of the Penal Code limits the default imprisonment for such a fine to a maximum of six months. The court exercised its revisionary jurisdiction...
Source-derived case information.
- Citation
- [2020] KEHC 4338 (KLR)
- Parties
- Applicant: Stephen Muriithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 121 of 2020
- Procedural Posture
- Criminal Revision / Order in Revision
- Outcome
- Sentence revised; default imprisonment reduced to four months.
- Legal Topics
- Sentencing Illegality, Default Sentence, Forest Offences, Fine in Lieu of Imprisonment
- 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
Stephen Muriithi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order in Revision
Legal Issues
- 1 Whether the default sentence of twelve months imprisonment for failure to pay a fine of Kshs.50,000 was lawful under the Penal Code.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The High Court found that the default sentence of twelve months imprisonment imposed by the trial court for failure to pay a fine of Kshs.50,000 was illegal, as Section 28(2) of the Penal Code limits the default imprisonment for such a fine to a maximum of six months. The court exercised its revisionary jurisdiction to set aside the illegal sentence and substitute it with a lawful default sentence of four months imprisonment, taking into account the need to decongest prisons during the COVID-19 pandemic. The substantive sentence of a fine remained undisturbed; only the default imprisonment term was interfered with to the extent necessary to comply with the law.
Court Disposition
Sentence revised; default imprisonment reduced to four months.
Orders
- The default sentence of twelve months imprisonment is set aside.
- A default sentence of four months imprisonment is substituted in place of the previous default sentence.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.121 OF 2020
(From Original Conviction and Sentence in Nanyuki Criminal Case No.415 of 2020)
STEPHEN MURIITHI..................................................................................APPLICANT
VERSUS
REPUBLIC................................................................................................RESPONDENT
14/07/2020
Coram: Before Waweru, J
(In chambers)
ORDER IN REVISION
1. Upon application by the convict herein STEPHEN MURIITHI, I have called for and examined the record of the trial court in respect to the sentence meted out..
2. The convict was convicted upon his own plea of making charcoal in a state forest S/C 67(1)(e) of the Forest Conservation and Management Act, No.34 of 2016. On 11/05/2020 he was sentenced to a fine of Kshs.50,000/00 and in default of payment to serve 12 months imprisonment. He did not pay the fine and is serving the default sentence.
3. The default sentence is clearly illegal. A fine not exceeding Kshs.50,000/00 should not attract a default sentence that exceeds six (6) months imprisonment. See Section 28(2) of the Penal Code.
4. In the circumstances I must set aside the default sentence of twelve (12) months imprisonment.
5. In order to try and decongest our prisons in these COVID-19 times, I will substitute a default sentence of four (4) months imprisonment. It is so ordered.
6. To that limited extent only is the sentence interfered with.
GIVEN under my hand and seal of this Honourable Court this 14th day of July 2020
H.P.G. WAWERU
JUDGE.
ISSUED at NANYUKI this 14th day of July 2020.
DEPUTY REGISTRAR
NANYUKI HIGH COURT