Longida Lonkinyang v Republic [2019] KEHC 1081 (KLR)
- Court
- High Court of Kenya
- Case number
- 1081
- Citation
- [2019] KEHC 1081 (KLR)
- Decided
- 5 December 2019
The Appellant's appeal is partially allowed, and the default sentence of fifteen (15) years imprisonment is set aside. A term of imprisonment of twelve (12) months in default of payment of the fine is substituted.
Facts
The Appellant was charged with being in unlawful possession of wildlife trophy, found in Mukogodo Division within Laikipia–North Sub-County of Laikipia County, with 2 elephant tusks weighing 3 kg valued at KShs 1 million.
Issues
- Whether the trial court erred in disregarding the provisions of section 28(2) of the Penal Code regarding terms of imprisonment in default of payment of fines.
- Whether the trial court's sentence of 15 years imprisonment in default of payment of the fine is legal.
Reasoning
The trial court erred in disregarding the provisions of section 28(2) of the Penal Code regarding terms of imprisonment in default of payment of fines. The term of fifteen (15) years imprisonment in default of payment of the fine is patently illegal.
Outcome
The Appellant is set at liberty unless otherwise lawfully held.
Orders
- The default sentence of fifteen (15) years imprisonment is set aside.
- A term of imprisonment of twelve (12) months in default of payment of the fine is substituted.
Authorities cited
Legislation (4)
- Wildlife Conservation and Management Act, 2013
- Penal Code
- section 92 of the Wildlife Conservation and Management Act, 2013
- section 28(2) of the Penal Code
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