Pius Gichunge & another v Republic [2019] KEHC 9468 (KLR)
- Court
- High Court of Kenya
- Case number
- 9468
- Citation
- [2019] KEHC 9468 (KLR)
- Decided
- 7 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for review of sentenceCoramA. MABEYA
Holding
The sentence of imprisonment is set aside as it exceeded the maximum provided by law. A fine of Kshs. 100,000 and 12 months imprisonment is substituted.
Facts
Pius Gichunge and Geoffrey Muchui were convicted of manufacturing an alcoholic drink and sentenced to a fine of Kshs. 210,000 and 42 months imprisonment.
Issues
- Sentence of imprisonment exceeded the maximum provided by law.
- Sentence of fine was less than half of the maximum provided by law.
Reasoning
The trial court's sentence of imprisonment was illegal as it exceeded the maximum provided by law. The fine was also less than half of the maximum provided by law.
Outcome
Application granted
Orders
- Set aside the sentence of fine of Kshs. 210,000 and imprisonment of 42 months
- Substitute with a fine of Kshs. 100,000 and imprisonment of 12 months
Authorities cited
Legislation (2)
- Criminal Procedure Code, Cap 75
- Alcoholic Drinks Control Act, No 4 of 2010
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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