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|Case Number:||Criminal Revision 1 of 2011|
|Parties:||KOYET LEMUSINI & 4 Others v REPUBLIC|
|Date Delivered:||22 Feb 2011|
|Court:||High Court at Mombasa|
|Judge(s):||Maureen Akinyi Odero|
|Citation:||KOYET LEMUSINI & 4 Others v REPUBLIC  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
TATOYA KILASI ……………………. APPLICANTS
SENDEU SAMBO OLJONI
By their letter dated 4th January 2011 MESSRS GUNGA MWINGA & COMPANY ADVOCATES have sought a revision of the decision of the learned District Magistrate II in DMCC 783/2010. In that case the five accused persons namely:
(1) KOYET LEMUSINI
(2) LEMANYARA JACOBO
(3) TAYOTA KILASI
(4) SENDEU SAMBO OLJONI
(5) ROPILI KESURUMO
faced four counts. They entered a plea of guilty to Count Nos. 2 & 4 which read as follows:
“ENTERING A NATIONAL PARK CONTRARY TO SECTION 13(a) OF WILDLIFE CONSERVATION AND MANAGEMENT ACT CAP 376 LAWS OF KENYA”
§ Count No. 2 – A fine of Kshs.30,000/- or serve 3 years in jail
This is improper. The magistrate ought to have called upon each accused to make a statement in mitigation before imposing her sentence. There is no indication from the record that this procedure was followed. Finally I find that the pleas of the five accused in respect to Count No. 2 and 4 were not taken in accordance with law and/or procedure. This renders the sentences imposed in respect of those two counts null and void and I hereby quash the purported convictions of the 5 accused on Count Nos. 2 and 4 ONLY. The subsequent sentences imposed with respect to Count No. 2 and Count No. 4 ONLY are hereby set aside. For the avoidance of doubt orders of the trial court with respect to Count Nos. 1 and 3 are not affected by this revision and therefore remain valid and enforceable.
Dated and Delivered at Mombasa this 22nd day of February 2011.