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Tipango & another v Republic (Miscellaneous Criminal Application E092 of 2022) [2022] KEHC 15166 (KLR) (9 November 2022) (Ruling)
Neutral citation:
[2022] KEHC 15166 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E092 of 2022
GMA Dulu, J
November 9, 2022
Between
John Kasaine Tipango
1st Applicant
Eric Ntoyai Tipango
2nd Applicant
and
Republic
Respondent
Ruling
1.Before me is a request for review of the sentence imposed by the trial court in Makindu Senior Principal Magistrates’ Criminal Case No E758 of 2022 in which each of the two convicts /applicants were sentenced to pay a fine of Kshs 200,000/= or in default serve 12 months imprisonment for the offence of entering a protected area contrary to section 102(a) of the Wildlife Conservation and Management Act 2013.
2.I note that the two convicts pleaded guilty to the offence on the first appearance in court. In mitigation they said that they were pastoralists looking for lost animals, and that they were from school, and that they entered the national park due to the drought situation.
3.The Director of Public Prosecutions does not object to the request for review of sentence which was filed by Kirimi K Advocates for the convicts/applicants.
4.Considering the circumstances and facts of the case and the mitigating factors, I find that the sentence imposed was disproportionate to the offence alleged and the attendant mitigating factors which were brought before the trial court.
5.I thus hereby review the sentences imposed under the powers conferred on this court in 362 and 364 of the Criminal Procedure Code (cap 75). Since the convicts have already been in prison custody from October 26, 2022, about two (2) weeks now, I order as follows –1.That I set aside the sentence imposed by the trial court on each of the two convicts/applicants.2.That each of the two convicts will now serve only the prison sentence already served by of them.3.That each of the two convicts will be released from prison custody forthwith unless otherwise lawfully held.
DELIVERED, SIGNED & DATED THIS 9TH DAY OF NOVEMBER, 2022, IN OPEN COURT AT MAKUENI.……………………………….GEORGE DULUJUDGE
