Ng’ang’a & another v Republic (Criminal Appeal E026 of 2022 & E073 of 2021 (Consolidated))  KEHC 14809 (KLR) (3 November 2022) (Judgment)
Neutral citation:  KEHC 14809 (KLR)
Republic of Kenya
Criminal Appeal E026 of 2022 & E073 of 2021 (Consolidated)
HPG Waweru, J
November 3, 2022
Peter Waweru Ng’ang’a
As consolidated with
Criminal Appeal E073 of 2021
Richard Gitonga Wairimu
(Appeal from Sentence only dated 06/05/2021 in Nanyuki CM Criminal Case NO.E102 of 2021 – Hon L Mutai, CM)
1.The appellants herein, Peter Waweru Ng’ang’a and Richard Gitonga Wairimu, were convicted upon their own plea of three counts of stealing stock contrary to section 278 of the Penal Code. In count I they were each fined KShs 40,000.00 and in default to serve 2 years imprisonment. In counts II and III they were each fined KShs 20,000.00 and in default to serve 20 months imprisonment. They did not pay the fine, and each is therefore serving a cumulative default sentence of 64 months (that is 5 years and 4 months). They have appealed against sentence only, particularly the default sentences.
2.The default sentences are clearly unlawful, and should not have been more than six (6) months imprisonment for a fine exceeding KShs 15,000.00. See section 28(2) of the Penal Code. Each appellant therefore should be serving a cumulative default sentence of eighteen (18) months imprisonment.
3.I will in the event partially allow these appeals by setting aside the default sentences meted out to each appellant and substituting therefor a default sentence of six (6) months imprisonment in each count (a cumulative sentence of 18 months imprisonment for the three counts). It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 2ND DAY OF NOVEMBER 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 3RD DAY OF NOVEMBER