Maseria v Republic [2022] KEHC 10981 (KLR)

Maseria v Republic (Criminal Revision E004 of 2022) [2022] KEHC 10981 (KLR) (3 August 2022) (Ruling)

Neutral citation: [2022] KEHC 10981 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Revision E004 of 2022

JN Kamau, J

August 3, 2022

Between

James Kebasu Maseria

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged with house breaking contrary to Section 304(1) and stealing contrary to Section 279(b) of the Penal Code Cap 63 (Laws of Kenya). On 8/6/2021, he was fined Ksh. 25,000/- or in default to serve two (2) years imprisonment. The report by Edwin Kimaiyo Probation/Community Service Officer recommends that he serve a non-custodial sentence under community service order at Ekerenyo Police Station for a period of two (2) months. Section 28(2) of the Penal Code provides that for a fine exceeding Ksh15,000/- but not exceeding Ksh50,000/-, the default imprisonment is six (6) months. The imprisonment of two (2) years was clearly illegal, unlawful and without arm, legal basis. The applicant has since completed his sentence and it is hereby directed that he be released from custody forthwith unless he be held for any other lawful cause. Orders accordingly.

DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE