Makupa Ndege v Republic [2017] KEHC 2329 (KLR)
- Court
- High Court of Kenya
- Case number
- 2329
- Citation
- [2017] KEHC 2329 (KLR)
- Decided
- 7 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramJ. KAMAU
Holding
The fine and imprisonment sentence for Count II are set aside as illegal, but the conviction and sentence for Count I are upheld.
Facts
The Appellant was convicted of being in possession of wildlife trophy and hunting apparatus, and fined Kshs 1,000,000 for the former and Kshs 200,000 for the latter.
Issues
- The legality of the fine and imprisonment sentence for Count II
- The proper running of sentences in case of default payment
Reasoning
The court found the fine and imprisonment sentence for Count II to be illegal due to lack of legal basis, and set them aside. The court also emphasized the importance of trial courts indicating how sentences are to run.
Outcome
The conviction and sentence for Count I are upheld, while the fine and imprisonment sentence for Count II are set aside.
Orders
- Set aside the fine of Kshs 200,000 and the default imprisonment of two (2) years for Count II
- Uphold the conviction and sentence for Count I
Authorities cited
Legislation (1)
- Wildlife Conservation and Management Act, 2013
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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