Franklin Musyoka v Republic [2020] KEHC 4351 (KLR)
- Court
- High Court of Kenya
- Case number
- 4351
- Citation
- [2020] KEHC 4351 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for revision of sentenceCoramWaweru, J
Holding
The default sentence is set aside and the period already served is substituted.
Facts
Franklin Musyoka was convicted of an offence under the Public Health (COVID-19 Restriction of Movement of Persons of Related Measures/Rules, 2020) made under the Public Health Act. He was fined Kshs.8,000 and sentenced to five (5) months imprisonment. He did not pay the fine and has been serving the sentence.
Issues
- Default sentence is illegal due to Section 28(2) of the Penal Code
- Default sentence should not exceed three (3) months for a fine not exceeding Kshs.15,000
Reasoning
The default sentence is illegal as it exceeds the maximum allowed by law.
Outcome
Franklin Musyoka is set at liberty.
Orders
- Default sentence set aside
- Period already served substituted
Remedies
- Franklin Musyoka is set at liberty
Authorities cited
Legislation (2)
- Penal Code
- Public Health Act
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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