[2008] KEHC 3050 (KLR)
The court found that it has the power under Section 28 of the Penal Code to impose a fine where the law provides for both a fine and a custodial sentence. The court considered the applicant's recent bereavement as an exceptional circumstance warranting the exercise of judicial discretion to revise the sentence. In...
Source-derived case information.
- Citation
- [2008] KEHC 3050 (KLR)
- Parties
- Applicant: William Wanyonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 6 of 2008
- Procedural Posture
- Criminal Revision / Application for Revision of Sentence
- Outcome
- Sentence revised to a fine of KES 10,000 or, in default, 12 months imprisonment.
- Judges
- CA Ombija
- Legal Topics
- Sentencing Revision, Exercise of Discretion, Exceptional Circumstances
- 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
William Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Sentence
Legal Issues
- 1 Whether the court has power to revise the sentence to a fine under Section 28 of the Penal Code.
- 2 Whether exceptional circumstances exist to warrant revision of the custodial sentence to a fine.
Ratio Decidendi
The court found that it has the power under Section 28 of the Penal Code to impose a fine where the law provides for both a fine and a custodial sentence. The court considered the applicant's recent bereavement as an exceptional circumstance warranting the exercise of judicial discretion to revise the sentence. In the interest of justice and mercy, the court revised the sentence to a fine of KES 10,000, with a default custodial sentence of 12 months' imprisonment if the fine is not paid.
Court Disposition
Sentence revised to a fine of KES 10,000 or, in default, 12 months imprisonment.
Orders
- The sentence herein is revised to a fine of KES 10,000.
- In default of payment of the fine, the accused shall serve 12 months imprisonment.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI
Criminal Revision 6 of 2008
WILLIAM WANYONYI ….……………………………..APPLICANT
VERSUS
REPUBLIC ………………..……………………….RESPONDENT
REVISION
By a letter dated 5th March 2008, the applicant sought for revision of the sentence herein, to a fine.
I asked the counsel for the accused and the state to address me on this point.
Having heard from both of them, I am persuaded that this court has powers under Section 28 of the Penal Code to impose a fine where the law provides for both fine and custodial sentence.
My attention has also been drawn to the fact that the accused lost his wife on 2nd of March 2008. (A burial permit No. 499476 has been attached the revision letter). This is therefore an exceptional circumstance.
In the circumstances and tamper justice with mercy and revise the sentence herein to a fine of shs. 10,000/=. In default the accused to serve 12 months imprisonment. It is so ordered.
Dated this 6th day of March 2008.
N. R. O. Ombija
JUDGE