Susan Nyawira Edith v Republic [2019] KEHC 1641 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

CRIMINAL REVISION  NO. 14 OF 2019

(From Original Conviction and sentence in Criminal Case No. 1739 of 2018 of the Senior Principal Magistrate’s court at Baricho–M.Kivuti-SRM.

SUSAN NYAWIRA EDITH..............................................ACCUSED

VERSUS

REPUBLIC.................................................................RESPONDENT

RULING

1. In this case the State did not oppose the application for revision.  The applicant was fined Kshs 50,000/- i/d Two years imprisonment.  I find that the Section 28 of the Penal Code provides that where the fine imposed exceeds Kshs 15,000/- but not exceeding Kshs 50,000/- the maximum sentence in default sentence of Two years is therefore unlawful.  I will therefore revise the sentence and order as follows:-

2. The sentence of the trial Magistrate is set aside.  The sentence is substituted with the sentence of a fine of Kshs 50,000/- i/d serve Six months imprisonment from the date of the sentence.

Dated at Kerugoya this 29th day of November 2019.

L. W. GITARI

JUDGE

Read out in open court,

Applicant present,

P/C Ms. Muthoni.

C/A – Gichia.

L. W. GITARI

JUDGE

29/11/19.