[2019] KEHC 1641 (KLR)
The court found that the trial magistrate imposed a default custodial sentence of two years for non-payment of a Kshs 50,000/- fine, which exceeded the maximum allowed under Section 28 of the Penal Code. The court held that the sentence was unlawful and exercised its revisionary jurisdiction to set aside the...
Source-derived case information.
- Citation
- [2019] KEHC 1641 (KLR)
- Parties
- Applicant: Susan Nyawira Edith; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 14 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised and substituted
- Judges
- LW Gitari
- Legal Topics
- Sentencing Principles, Penal Code Section 28, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Nyawira Edith
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the default custodial sentence imposed by the trial court exceeded the lawful maximum under Section 28 of the Penal Code.
- 2 Whether the sentence should be revised to comply with statutory limits.
Ratio Decidendi
The court found that the trial magistrate imposed a default custodial sentence of two years for non-payment of a Kshs 50,000/- fine, which exceeded the maximum allowed under Section 28 of the Penal Code. The court held that the sentence was unlawful and exercised its revisionary jurisdiction to set aside the original sentence. The court substituted the sentence with a fine of Kshs 50,000/- in default to serve six months imprisonment, thereby aligning the sentence with the statutory requirements.
Court Disposition
sentence revised and substituted
Orders
- The sentence of the trial Magistrate is set aside.
- The sentence is substituted with a fine of Kshs 50,000/- in default to serve six months imprisonment from the date of the sentence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL REVISION NO. 14 OF 2019
(From Original Conviction and sentence in Criminal Case No. 1739 of 2018 of the Senior Principal Magistrate’s court at Baricho–M.Kivuti-SRM.
SUSAN NYAWIRA EDITH..............................................ACCUSED
VERSUS
REPUBLIC.................................................................RESPONDENT
RULING
1. In this case the State did not oppose the application for revision. The applicant was fined Kshs 50,000/- i/d Two years imprisonment. I find that the Section 28 of the Penal Code provides that where the fine imposed exceeds Kshs 15,000/- but not exceeding Kshs 50,000/- the maximum sentence in default sentence of Two years is therefore unlawful. I will therefore revise the sentence and order as follows:-
2. The sentence of the trial Magistrate is set aside. The sentence is substituted with the sentence of a fine of Kshs 50,000/- i/d serve Six months imprisonment from the date of the sentence.
Dated at Kerugoya this 29th day of November 2019.
L. W. GITARI
JUDGE
Read out in open court,
Applicant present,
P/C Ms. Muthoni.
C/A – Gichia.
L. W. GITARI
JUDGE
29/11/19.