Charles Juma Ouma & Silas Ochola Okello v Republic [2022] KEHC 1880 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL REVISION NO. E117 OF 2022

CHARLES JUMA OUMA

SILAS OCHOLA OKELLO..................................APPLICANTS

VERSUS

REPUBLIC...........................................................PROSECUTOR

RULING

1. The applicants were charged with the offence of entering protected area without permit Contrary to Section 102 (1) (a) as read with section 105 (1) of the Wildlife Actas well as undertaking extractive activity in a national park without a permit or any other lawful exemption Contrary to Section 102 (1) (g) of the said Act.

2. The applicants were convicted and sentenced to a fine of kshs.5000 each and in default to serve two months’ imprisonment under count one and a fine of kshs. 40,000each under count two and in default 6 months’ imprisonment.

3. The applicants from the record seemed to have already served the term in respect to count one and are now serving count two.

4. I note that they were first offenders and the period they have served in my view in custody is sufficient to have made them learn valuable lessons not to engage in crime.

5. In the premises and guided by Section 362 and 364 of the Criminal Procedure Act, I hereby set them free from custody unless lawfully held for a separate offence and order that they shall serve the remainder of the term under probation as shall be guided by the relevant probation officer.

Dated signed and delivered via video link this 3rd day of March 2022.

H K CHEMITEI.

JUDGE.