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High Court revision on a cheating sentence: conviction was upheld, the fine-and-default imprisonment structure was found lawful, and custody credit of two days was ordered.
Wanje v Republic (Criminal Appeal E016 of 2024) [2026] KEHC 9145 (KLR) (18 June 2026) (Judgment)
The conviction was upheld because the prosecution proved beyond reasonable doubt that the appellant threatened to kill the three complainants without lawful excuse, armed with weapons, in the context of an ongoing boundary dispute. However, the trial court erred by imposing two years' imprisonment in default of a fine of Ksh. 100,000 on each count because section 28(2) of the Penal Code limits default imprisonment for that fine to one year. The appellate court therefore substituted each count with a fine of Ksh. 100,000 or one year imprisonment in default, held that the default sentences must…
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Nyaga v Republic (Criminal Revision E028 of 2025) [2026] KEHC 10728 (KLR) (14 May 2026) (Ruling)
The trial court’s two-year default imprisonment was illegal because a default sentence attached to a fine cannot exceed the statutory maximum under section 28(2) of the Penal Code; for this offence, the lawful default term was 12 months. The sentence therefore required revision, and on the facts the court substituted release into community service.
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