Muiruri & 5 others v Republic [2024] KEHC 11535 (KLR)

Muiruri & 5 others v Republic (Revision Case 131 of 2024) [2024] KEHC 11535 (KLR) (19 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11535 (KLR)

Republic of Kenya

In the High Court at Nakuru

Revision Case 131 of 2024

HM Nyaga, J

September 19, 2024

Between

Stephen kamau Muiruri

1st Applicant

Caleb Chemjor Milgo

2nd Applicant

Phoustine Oduor Makhoha

3rd Applicant

Symon Kamau Muli

4th Applicant

Jared Onyango Omolo

5th Applicant

Nicky soit

6th Applicant

and

Republic

Respondent

Ruling

1. The accused persons (Applicants) were charged with the following offences;Count IEntering into a protected area within a permit or any other lawful exemption Contrary to Section 102 (1) (a) as read with Section 102 (1) (h) of the Wildlife Conservation and Management Act, 2013. 1. Stephen Kamau Muiruri 2. Caleb Chemior Milgo 3. Phoustine Oduor Makhoha 4. Symon Kamau Muli 5. Jared Onyango Omolo 6. Nicky SoitOn the 9th day of January, 2024 at around 1329 hours at number 41 area in Lake Nakuru National Park, Nakuru West sub-county within Nakuru County at GPS co-ordinates 37M 0172585 UTM 9961928, you were found to have entered into a protected area on foot without a permit from the Director General Kenya Wildlife Service.Count IIUndertaking extractive activity in wildlife protected area without a permit or any other lawful exemption Contrary to Section 102 (1) (g) as read with Section 102 (1) (h) of the Wildlife Conservation and Management Act 2013. On the 9th day of January, 2024 at around 1329 hours at number 41 area in Lake Nakuru National Park, Nakuru West sub-county within Nakuru County at GPS co-ordinates 37M 0172585 UTM 9961928, you were found undertaking extractive activity namely fishing and you were in possession of Eight (8 sacks, three 93) sacks, three (3) fishing net and thirty four (34) kilograms of fish without a permit from the Director General Kenya Wildlife Service.

2. They all pleaded guilty and were convicted and sentenced to a fine of Kshs. 200,000/= in default two (2) years imprisonment on each count.

3. This file has been brought to this court for revision under the prisons decongestion exercise.

4. The sentence review reports on each applicant is favourable to them serving the remainder of their sentence on probation.

5. I have noted that the applicants have been in custody for eight (8) months now. I believe that the time spent in prison has been sufficient to teach them any lesson that the trial court intended them to learn.

6. In exercise of the powers of the court under Article 165 (6) and (7) of the Constitution and Section 362 of the Criminal Procedure Code (CPC). I review the sentence for each applicant and order that the remainder of their sentences shall be served on probation. Terms will be explained to them.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 19TH DAY OF SEPTEMBER, 2024. H. M. NYAGAJUDGEIn the presence of;C/A JenifferN/A for state