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Kenya decisions
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Joan Wanjiku Mungai v Republic [2020] KEHC 5876 (KLR)
The High Court partly allowed a sentence revision application, upholding two custodial sentences but correcting an unlawful default sentence in one case.
Leonard Kiburu Kimunya v Republic [2017] KEHC 3208 (KLR)
The court held that the trial magistrate's order for sentences in default of fine to run concurrently was not specific and, in law, such sentences cannot be ordered to run concurrently. However, since the applicant had already served close to one year in custody and the offences arose from the same transaction, no injustice had been occasioned by the order. The High Court declined to interfere with the trial court's order or substitute it with consecutive sentences, finding the period served sufficient and dismissing the request for amendment.
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Francis Emmanuel Oyugi v Republic [2016] KEHC 7833 (KLR)
The court held that it was functus officio after delivering its judgment on the appeal and could not review its own sentence. The sentencing options of community service or probation were available at the time of sentencing, but the court had lawfully exercised its discretion to impose a fine under Section 48(1)(b) of the Anti-Corruption and Economic Crimes Act, with a custodial sentence in default as required by Section 28(1)(c) of the Penal Code. The appellant's age, health, and inability to pay the fine did not constitute legal grounds for review, as the law specifically prescribes the sen…
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Samuel Ngau Weku Alias Nicholas Njenga v Republic [2015] KEHC 7412 (KLR)
The court held that, according to Section 37 of the Penal Code, default sentences for non-payment of fines must be served consecutively, resulting in a cumulative default period of seventy-two months (six years). However, the court found that imposing such a lengthy custodial sentence would violate the applicant's constitutional right under Article 50(1)(p) to benefit from the least severe punishment, as the maximum custodial sentences for the offences charged were three years (stealing) and two years (personation). The court therefore exercised its discretion to consolidate the default sente…
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Charles Onyango v Republic [2003] KEHC 246 (KLR)
The High Court reduced illegal default imprisonment terms imposed for fines, holding that the trial court exceeded the statutory maximum under section 28(2) of the Penal Code.
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