Case ID:160698

Peter Wachira Ndirangu v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 110 of 2020

Parties:

Peter Wachira Ndirangu v Republic

Date Delivered:

25 Jun 2020

Case Class:

Criminal

Court:

High Court at Nanyuki

Case Action:

Revision

Judge(s):

Hatari Peter George Waweru

Citation:

Peter Wachira Ndirangu v Republic [2020] eKLR

Case History:

(Revision of the Original conviction and Sentence in Nanyuki Criminal Case No.586 of 2020 – L. MUTAI - CM)

Court Division:

Criminal

History Docket No:

Criminal Case 586 of 2020

History Magistrate:

L. Mutai - CM

History County:

Laikipia

Case Outcome:

Revision allowed.

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 AT NANYUKI

CRIMINAL REVISION NO.110 OF 2020

PETER WACHIRA NDIRANGU.......................................APPLICANT

VERSUS

REPUBLIC........................................................................RESPONDENT

(Revision of the Original conviction and Sentence in Nanyuki Criminal Case No.586 of 2020 – L. MUTAI - CM)

25.06.2020

Before Justice H P G Waweru

In Chambers

ORDER ON REVISION

1. Upon request by the convict herein,

PETER WACHIRA NDIRANGU

, I have called for and examined the record of the trial court with regard to sentence.

2. The Convict was convicted upon his own plea of Stealing Goods forming part of the Railway contrary to Section 279(d) of the Penal Code. On 04/06/2020 he was sentenced to pay a fine of Kshs.50,000/00 and in default to serve 18 months imprisonment.

3. The default sentence is clearly unlawful for a fine not exceeding Kshs.50,000/00 the default sentence should not exceed six (6) months imprisonment. See Section 28(2) of the Penal Code.

4. In the circumstances, I will set aside the default sentence of 18months imprisonment and substitute therefor six (6) months imprisonment. It is so ordered.

5. To that limited extent only is the sentence affected.

Dated at Nanyuki this 25

th

day of June 2020.

H.P.G. WAWERU

JUDGE

.

DEPUTY REGISTRAR

NANYUKI HIGH COURT